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RBR/K.rM /l43^/.k'ZJHGl 



The 



RECEIVED 



DEC "i 1993 

LAW OBil^MV 



Lf 



NORTH CAROLINA 



REGISTER 



IN TfflS ISSUE 



COM' 

Tiinu 
ihfsow 



IN ADDITION 

Voting Rights Act 



PROPOSED RULES 
Commerce 

Enviromnent, Health, and Natural Resources 
Medical Ebtaminers 



LIST OF RULES CODIFIED 



RRC OBJECTIONS 



RULES INVALIDATED BY JUDICIAL DECISION 



CONTESTED CASE DECISIONS 



ISSUE DATE: December 1, 1993 
Volume 8 • Issue 17 • Pages 1569 - 1719 



TNFORMATTON ABOUT THK NORTH CAROLINA RFX.ISTER AND ADMIMSTRATIVF CODE 



NORTH CAROLINA REGISTER 



The North Carolina Register is published twice a month and 
contains information relating lo agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to vanous state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars (S105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. 
P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447. 



TEMPORARY RULES 

Under certain emergenc\ conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temjxjrarv' rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the fmdings do not meet the criteria, 
the rule is returned to the agency. The agency ma\' supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

.Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When fmal action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Admimstrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgatmg 
agency at any time before final action is taken by the agenc\- or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is di\'ided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (SO. 15) f>er each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
(S750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1. Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



FOR 


INFORMATION 


CONTACT 




Office 


of 


Administrative Hearin 


gs. 


ATTN: 


Ru 


es 


Division, 


P.O. 


Dra\>. 


er 27447, 


Raleigh, 


North Caro 


lina 


27611 


-7447, 


(919) 


733-2 


678. 



















NORTH 
CAROLINA 
REGISTER 



ISSLTE CONTENTS 



I. IN ADDITION 

Voting Rights Act 



1569 




n. PROPOSED RULES 
Commerce 

State Ports Authority 1570 

Environment, Health, and 
Natural Resources 

Health Services 1663 

Marine Fisheries 1573 

Radiation Protection 1662 

Wildlife Resources 1613 

Licensing Board 
Medical Examiners 1685 



Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



HI. LIST OF RULES CODIFIED 



1687 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



IV. RRC OBJECTIONS 1692 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 1695 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1696 

Text of Selected Decisions 

92 DOJ 0420 1705 

93 ABC 0354 1712 

VII. CUMULATIVE INDEX 1717 



NORTH CAROLINA REGISTER 

Publication Schedule 

(July 1993 - May 1994) 



Volume 

and 

Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filmg 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Eariiest 

Effective 

Date 


8:7 


07/01/93 


06/10/93 


06/17/93 


07/16/93 


08/02/93 


08/20/93 


10/01/93 


8:8 


07/15/93 


06/23/93 


06/30/93 


07/30/93 


08/16/93 


08/20/93 


10/01/93 


8:9 


08/02/93 


07/12/93 


07/19/93 


08/17/93 


09/01/93 


09/20/93 


11/01/93 


8:10 


08/16/93 


07/26/93 


08/02/93 


08/31/93 


09/15/93 


09/20/93 


11/01/93 


8:11 


09/01/93 


08/11/93 


08/18/93 


09/16/93 


10/01/93 


10/20/93 


12/01/93 


8:12 


09/15/93 


08/24/93 


08/31/93 


09/30/93 


10/15/93 


10/20/93 


12/01/93 


8:13 


10/01/93 


09/10/93 


09/17/93 


10/18/93 


11/01/93 


11/22/93 


01/01/94 


8:14 


10/15/93 


09/24/93 


10/01/93 


11/01/93 


11/15/93 


11/22/93 


01/01/94 


8:15 


11/01/93 


10/11/93 


10/18/93 


11/16/93 


12/01/93 


12/20/93 


02/01/94 


8:16 


11/15/93 


10/22/93 


10/29/93 


11/30/93 


12/15/93 


12/20/93 


02/01/94 


8:17 


12/01/93 


11/05/93 


11/15/93 


12/16/93 


01/03 '94 


01/20/94 


03/01/94 


8:18 


12/15/93 


11/24/93 


12/01/93 


12/30/93 


01/14/94 


01/20/94 


03/01/94 


8:19 


01/03/94 


12/08/93 


12/15/93 


01/18/94 


02/02/94 


02/21/94 


04/01/94 


8:20 


01/14/94 


12/21/93 


12/30/93 


01/31/94 


02/14/94 


02/21/94 


04/01/94 


8:21 


02/01/94 


01/10/94 


01/18/94 


02/16/94 


03/03/94 


03/21/94 


05/01/94 


8:22 


02/15/94 


01/25/94 


02/10/94 


03/02/94 


03/17/94 


03/21/94 


05/01/94 


8:23 


03/01/94 


02/08/94 


02/15/94 


03/16/94 


03/31/94 


04/20/94 


06/01/94 


8:24 


03/15/94 


02/22/94 


03/10/94 


03/30/94 


04/14/94 


04/20/94 


06/01/94 


9:1 


04/04/94 


03/11/94 


03/18/94 


04/19/94 


05/04/94 


05/20/94 


07/01/94 


9:2 


04/15/94 


03/24/94 


03/31/94 


05/02/94 


05/16/94 


05/20/94 


07/01/94 


9:3 


05/02/94 


04/11/94 


04/18/94 


05/17/94 


06/01/94 


06/20/94 


08/01/94 


9:4 


05/16/94 


04/25/94 


05/02/94 


05/31/94 


06/15/94 


06/20/94 


08/01/94 



Note: Tune is computed according to the Rules of Civil Procedure, Ride 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 
of any public hearing, whichever is longer. See G.S. 1508-21.20 for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 
that RRC delivers the rule to the Codifler of Rules five (5) business days before the 1st business day of the next 
calendar month. 



Reused 07/93 



IN ADDITION 



1 his Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

JPT:GS:TGL:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

93-2899 Washington, D.C. 20035-6128 

October 13, 1993 

David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, North Carolina 28359 

Dear Mr. Holec: 

This refers to the August 9, 1993, annexation to the City of Lumberton in Robeson County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as 
amended, 42 U.S.C. 1973c. We received your submission on August 17, 1993. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 
(28 C.F.R. 51.41). 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1569 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF COMMERCE 

ISotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina State Ports Authority 
intends la amend rule cited as 4 NCAC 13E .0901. 

1 he proposed effective date of this action is March 1 , 1994. 

Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): 
By mailing a request for public hearing to Thomas J. Green, Jr. at: P.O. Box 9002, 2202 Burnett 
Boulex'ard, Wilmington, N. C. 28402 on or before January 14, 1994. 

ixeason for Proposed Action: To update SPA traffic laws. 

{comment Procedures: Comments may be made in writing to Thomas J. Green, Jr. , North Carolina State 
Ports Authority, P.O. Box 9002, Wilmington, North Carolirta on or before January 14, 1994. 

CHAPTER 13 - STATE PORTS AUTHORITY 

SUBCHAPTER 13E - SECURITY AND SAFETY 

SECTION .0900 - SCHEDULES 

.0901 WILMINGTON ORDINANCE SCHEDULES 

(a) The following schedule lists maximum speed limits for specified streets in the Wilmington Terminal: 
NAME OF STREET MAXIMUM SPEED LIMIT 

Myers Boulevard 20 MPH 

Woodbine Street 20 MPH 

Warehouse Road 20 MPH 

Industrial Road 20 MPH 

Commerce Street 20 MPH 

Cresent Street 20 MPH 

First Street 20 MPH 

Second Street 20 MPH 

Third Street 20 MPH 

Fourth Street 20 MPH 

Fifth Street 20 MPH 

Maritime Boulevard 20 MPH 

Sixth Street 20 MPH 

Seventh Street 20 MPH 

Eighth Street 20 MPH 

Ninth Street 20 MPH 

Tenth Street 20 MPH 

Eleventh Street 20 MPH 

Twelfth Street 20 MPH 

Thirteenth Street 20 MPH 

Fourteenth Street 20 MPH 
Inside all Transit and 

Storage Buildings 10 MPH 

All Open Berth Areas 15 MPH f 

(b) The following schedule lists the locations of stop signs in the Wilmington Terminal: \^_ 

Myers Boulevard at North Gate House. 



1570 8:17 NORTH CAROLINA REGISTER December 1, 1993 



( 



PROPOSED RULES 



> 







t 



West side of Transit Road at intersection of Warehouse Road. 
Northeast corner of Warehouse Road and First Street. 
Northwest corner of Warehouse Road and Fourth Street. 
Northwest comer of Fifth Street and Industrial Road. 
Southeast comer of Fifth Street and Industrial Road. 
Northwest comer of Maritime Boulevard and Industrial Road. 
Southeast comer of Maritime Boulevard and Industrial Road. 
Southeast comer of Maritime Boulevard and Transit Road. 
Northwest comer of Maritime Boulevard and Fifth Street. 
Southeast comer of Maritime Boulevard and Commerce Street. 
Maritime Boulevard at Gate House. 
Northeast comer of Industrial Road and Sixth Street. 
Southwest corner of Commerce Street and Sixth Street. 
Southwest comer of Industrial Road and Seventh Street. 
Southeast comer of Warehouse Road and Seventh Street. 
Northeast comer of Warehouse Road and Eighth Street. 
Southwest comer of Industrial Road and Eighth Street. 
Northeast comer of Industrial Road and Cresent Street. 
Northeast comer of Warehouse Road and Ninth Street. 
Southwest comer of Industrial Road and Ninth Street. 
Northeast comer of Industrial Road and Tenth Street. 
Northwest comer of Cresent Street and Tenth Street. 
Southwest corner of Commerce Street and Tenth Street. 
Northeast comer of Warehouse Road and Eleventh Street. 
Southwest comer of Industrial Road and Eleventh Street. 
Northeast comer of Sixth Street and Industrial Road. 
Southeast comer of Eleventh Street and Industrial Road. 
Northeast comer of Industrial Road and Commerce Street. 

(c) The following schedule lists the locations of yield signs in the Wilmington Terminal: 

Northwest corner of Transit Road and Woodbine Street. 

Southeast comer of Transit Road and RR Scale Road. 

Southwest corner of Transit Road and No. I Ramp. 

Southwest comer of Transit Road and No. 2 Ramp. 

Northeast corner of Transit Road and Second Street. 

Southwest comer of Warehouse Road and Second Street. 

Southwest comer of Transit Road and No. 3 Ramp. 

Northeast comer of Transit Road and Third Street. 

Southwest comer of Warehouse Road and Third Street. 

Northwest comer of Industrial Road and Third Street. 

Southwest comer of Transit Road and No. 4 Ramp. 

Northeast comer of Transit Road and Fourth Street. 

Southwest comer of Industrial Road and Fourth Street. 

Northeast comer of Industrial Road and Fourth Street. 

Southwest comer of Transit Road and No. 5 Ramp. 

Southwest corner of Transit Road and No. 6 Ramp. 

Northeast corner of Transit Road and Maritime Boulevard. 

West Exit of Parking Lot at Maritime Boulevard and Industrial Road. 

Southwest comer of Transit Road and No. 7 Ramp. 

Northeast comer of Transit Road and Seventh Street. 

Northwest comer of Warehouse Road and Commerce Street. 

Northwest comer of Industrial Road and Commerce Street. 

Southeast comer of Fifth Street and Industrial Road. 

Southeast comer of Industrial Road and Twelfth Street. 

(d) The following schedule lists the locations of railroad warning signs in the Wilmington Terminal: 

North side of Transit Road and North Gate Crossing. 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1571 



PROPOSED RULES 



c 



South side of Transit Road at North Gate Crossing. 
North side of Transit Road at intersection of Warehouse Road. 
South side of Transit Road at intersection of Warehouse Road. 
East side of Warehouse Road at intersection of Transit Road. 
Northwest corner of Third Street and Industrial Road. 
Southeast comer of Third Street and Warehouse Road. 
Northwest corner of Fourth Street and Industrial Road. 
South side of Fourth Street south of Cargo Shelter No. 1. 
West side of Transit Road at Lumber Ramp Crossing. 
East side of Transit Road at Lumber Ramp Crossing. 
North side of Maritime Boulevard at East Lumber Yard Crossing. 
South side of Maritime Boulevard at East Lumber Yard Crossing. 
South side of Maritime Boulevard at Main Gate Crossing. 
North side of Maritime Boulevard at Main Gate Crossing. 
South side of Industrial Road at Twelfth Street Crossing. 
North side of Industrial Road at Twelfth Street Crossing. 

(e) The following schedule lists the locations of no thru traffic signs in the Wilmington Terminal: 

Southwest comer of Warehouse Road and First Street. 
Northeast comer of Warehouse Road and Fourth Street. 
Warehouse Road. 
Inside all transit and storage buildings. 

(f) The following schedule lists the locations of do not enter signs in the Wilmington Terminal: 

Southwest comer of Transit Road and RR Scale Road. 

(g) The following schedule lists parking ordinances in the Wilmington Terminal: 

(1) The following schedule lists the locations of no parking between signs areas: 
Southwest comer of Transit Road and Ramp No. 1 to west side of Transit Road opposite loading door 
No. 6 of Transit Shed No. 1 . 

West side of Transit Road opposite loading door No. 4 of Transit Shed No. 2, to Northwest comer 
of Transit Road and Ramp No. 2. 

East side of Transit Road from North end of Warehouse No. 3 to North side of Personnel Office. 
East side of Transit Road from South side of Personnel Office to Northeast comer of Transit Road 
and Second Street. 

Southeast comer of Transit Road and Second Street to East side of Transit Road opposite loading door 

No. 4 in Warehouse No.l. 

Southeast corner of Transit Road and Third Street to Northeast comer of Transit Road and Fourth 

Street. 

Southeast comer of Transit Road and Maritime Boulevard to Northeast comer of Transit Road and 

Seventh Street. 

Southwest comer of Warehouse Road and Third Street to Northwest comer of Warehouse Road and 

Fourth Street. 

Southeast corner of Warehouse Road and Third Street to Northeast comer of Warehouse Road and 

Fourth Street, 

(2) The following schedule lists the areas in which parking is prohibited and no parking signs will be 
erected: 

Northwest comer of Eleventh Street. 
Northwest comer of Ninth Street. 
South comer of Transit Shed Number 4. 
Northwest comer of Maritime Boulevard. 
Open Berths 1. 2. 3, 4. 5. 6, 7. 8 and 9. 
Transit Sheds T-2.T-3. T-4. T-5. T-6 and T-7. 
Storage Sheds W-3. W-4 and W-5. 
(h) The following schedule lists the areas in which smoking is prohibited in the Wilmington Terminal: 

(1) Smoking is prohibited in all areas west of the railroad tracks along Transit Road and on the South ( 
Open Berth. Smoking will be permitted only within designated smoking areas. ^ 

(2) Smoking is also prohibited in Storage Warehouses 1, 2, 3, and 4 and Cargo Shelter 1 and signs 



1572 8:17 NORTH CAROLINA REGISTER December 1, 1993 



( 



PROPOSED RULES 



are posted in the following locations: 
North and South ends of East and West sides of Transit Shed 1 . 
North and South ends of East and West sides of Transit Shed 2. 
North and South ends of East and West sides of Transit Shed 3. 
North and South ends of East and West sides of Transit Shed 4. 
North and South ends of East and West sides of Warehouse 1 . 
North and South ends of East and West sides of Warehouse 2. 
North and South ends of East and West sides of Warehouse 3 . 
North and South ends of East and West sides of Warehouse 4. 
North and South ends of Cargo Shelter I . 
(i) The following schedule lists streets in the Wilmington Terminal which are one way: 

Twelfth Street is limited to one-way traffic with such traffic moving from Industrial Road eastbound 
to Pennsylvania Avenue, 
(j) The following schedule lists parking regulations in effect on the North Carolina Maritime Building — 
Wilmington facility: 

(1) The three parking areas adjacent to the North Carolina Maritime Building, 2202 Burnett Boulevard, 
Wilmington, N.C., and identified as parking areas one, two and three are restricted as follows: 

(A) Parking area number one immediately north of the North Carolina Maritime Building shall be by 
assignment only. The executive director is hereby authorized to make assignments to individuals 
or companies for the parking of automobiles in this area. 

(B) Parking area number two paralleling the driveway immediately east of the North Carolina 
Maritime Building is restricted to visitors to the North Carolina Maritime Building. 

(C) Parking area number three to the south of the North Carolina Maritime Building is restricted to 
employees of the Ports Authority or employees of tenants on the Port Authority's premises or 
visitors and guests of the Ports Authority or its tenants. 

(2) Vehicles parked in violation of the foregoing regulations may be towed away at the owner's 
expense. 

Statutory Authority G.S. 143B-461. 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

jyiotice is hereby given in accordance with G.S. 
150B-21.2 that the NC Marine Fisheries Commis- 
sion intends to amend rules cited as 15A NCAC 3H 
.0001, .0003; 31 .0001, .0010; 3J .0103 -.0104, 
.0107, .0301. .0303; 3K .0102 - .0103. .0105. 
.0201 - .0202, .0301; 3L .0102, .0202; 3M .0201 . 
. 0507; 3N . 0005; 30 .0101 - .0102, . 0108, . 0201 , 
.0203 - .0206. .0208 - .0209; 3R .0002, .0004 - 
.0007; adopt rules cited as 15A NCAC 31 .0014; 
3M .0511; repeal rule cited as 15A NCAC 3K 
.0203. 

J. he proposed effective date of this action is 
March 1, 1994. 

1 he public hearing will be conducted on the 
dates, times and locations: 



January 4, 1994 

7:00 p.m. 

Guilford County Courthouse 

201 S. Eugene St. 

Courtroom 2A 

Greensboro 

January 5, 1994 

7:00 p.m. 

Pamlico Community College 

Highway 306 

Grantsboro 

January 6, 1994 

7:00 p.m. 

Pitt Community College 

Fulford Building (formerly Health Science Bldg.) 

Room 153 

Highway 11 South 

Greenville 

January 8, 1994 
1:00 p.m. 

NC Aquarium - Auditorium 
Airport Road 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1573 



PROPOSED RULES 



Roanoke Island 
Manteo 

January 10, 1994 

7:00 p.m. 

University of North Carolina. Wilmington 

Kenan Auditorium 

601 S. College Rd. 

Wilmington 

January 11, 1994 

7:00 p.m. 

Joslyn Hall 

Carteret Community College 

A rend el I Street 

More head City 

BUSINESS SESSION: 

Tfie Marine Fisheries Commission will conduct a 
Business Session on January 14 and 15, 1994, at 
Shell Island Resort, 2700 N. Lumina Avenue, 
Wrightsville Beach, beginning at 9:00 A.M. on the 
morning of January 14, to decide on these pro- 
posed rules. 

MXeason for Proposed Action: 
15A NCAC 3H .0001 - IDENTIFICATION INFOR- 
MATION: technical amendment to correct address- 
es of three field offices. 

15A NCAC 3H .0003 - DELEGATION OF AU- 
THORITY TO FISHERIES DIRECTOR: to include 
authority' to grant leases delegated by the Secretary 
of the Department of Environment, Health and 
Natural Resources to the Fisheries Director 
15A NCAC 31 .0001 - DEFINITIONS: deletes 
white line from definition of peeler crab: define 
trip ticket and transaction. Definitions of trip 
ticket and transaction are needed to implement the 
Endorsement To Sell provision of statutory changes 
to commercial fishing licenses. 
ISA NCAC 31 .0010 - MILITARY PROHIBITED 
AND RESTRICTED AREAS: separates prohibited 
from restricted areas as defined by military; 
removes all Marine Fisheries Commission/Division 
of Marine Fisheries authorities to grant access to 
such areas. 

ISA NCAC 31 .0014 - RECORDKEEPING RE- 
QUIREMENTS: requires recordkeeping by dealers 
and individual sellers: needed to implement the 
Endorsement To Sell. 

ISA NCAC 3 J .0103 - GILL NETS, SEINES. 
IDENTIFICATION, RESTRICTIONS: reduce 
restricted area for gill nets adjacent to pound nets 



from 200 yards to 50 yards and requires that the 
pound net have leads and a pound or heart in 
place in order to for the distance restrictions to 
apply. 

ISA NCAC 3J .0104 - TRAWL NETS: reduces the 
amount of finfish that can be taken by trawls in 
inside waters to 1000 pounds March 1 through 
November 30 and 500 pounds December I through 
February 28: adds Friday night and daytime 
Saturday to the weekend prohibition of trawling; 
prohibits trawling at night from December I 
through February 28 in portions of the Pungo 
River, Pamlico River, Bay- River, Neuse River, 
New River, and Pamlico Sound. 
ISA NCAC 3 J .0107 - POUND NETS; deletes the 
use of vessel documentation name as identification 
on pound nets; establishes criteria for granting 
pound net permits; eliminates the requirement to 
use the set within 60 days after permit is granted; 
establishes procedure for transfer of permit; 
amends marking requirements for navigational 
openings; describes areas in Core Sound were 
pound nets are prohibited and deletes proclamation 
authority to designate areas for use of pound nets 
in Core Sound. 

ISA NCAC 3 J .0301 - CRAB. EEL, FISH, AND 
SHRIMP POTS; extends proclamation authority for 
designation of areas for crab pots in areas de- 
scribed in ISA NCAC 3R .0007(b): extends procla- 
mation authority to exempt crab pots from required 
escape rings to year-round; prohibits use of pots 
within 50 yards of a pound net when pound net has 
leads and a pound or heart in place. 
ISA NCAC 3 J . 0303 - DREDGES AND MECHAN- 
ICAL METHODS PROHIBITED; allows use of 
dredges weighing more than 100 pounds in the 
ocean; prohibits possession of oysters on board a 
vessel when a dredge weighing more than 100 
pounds is on board. 

ISA NCAC 3K .0102 - PROHIBITED RAKES; 
requires spacing of not less than 15/16 inch in the 
basket or between the teeth in rakes used to take 
clams. 

ISA NCAC 3K .0103 - SHELLFISH /SEED MAN- 
AGEMENT AREAS; established proclamation 
authority and criteria for designation of Shellfish 
Management Areas: prohibits use of trawl nets, 
long haul seines, or swipe nets in Shellfish/Seed 
Management Areas if such areas are marked. 
ISA NCAC 3K .0105 - NON-COMMERCIAL 
HARVEST OF SHELLFISH AND CRABS; estab- 
lishes non-commercial limits for crabs, conchs, 
and mussels; prohibits use of mechanical gear to 
take non-commercial limits without licenses. 
ISA NCAC 3K .0201 - OPEN SEASON AND 



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PROPOSED RULES 



POSSESSION LIMIT (OYSTERS); expands procla- 
mation authority to allow for a smaller size limit 
but not less than 2 1/2 inches. 
15A NCAC 3K .0202 - SIZE LIMIT AND CULL- 
ING TOLERANCE (OYSTERS); allows for procla- 
mation authority in size limit for oysters. 
ISA NCAC 3K .0203 - TRAWLING ACROSS 
OYSTER MANAGEMENT AREAS PROHIBITED; 
restrictions to be included in ISA NCAC 3K .0103. 
ISA NCAC 3K .0301 - SEASON, SIZE AND 
HARVEST LIMIT (CLAMS); establishes closed 
season for clams from April 1 through May 31; 
amends restriction of 6,250 clams to inside waters 
only, would allow larger catches in the Ocean. 
ISA NCAC 3L .0102 - WEEKEND SHRIMPING 
PROHIBITED; adds Friday night and daytime 
Saturday to the weekend prohibition of trawling. 
ISA NCAC 3L .0202 - CRAB TRAWLING; re- 
quires use of four and one-half inch tailbags in 
crab trawls; adds Friday night and daytime Satur- 
day to the weekend prohibition of trawling. 
ISA NCAC 3M .0201 - GENERAL (STRIPED 
BASS); establishes procedures for importation of 
striped bass during closed season. 
ISA NCAC 3M .0S07 - HOOK-AND-LINE FISH- 
ING RESTRICTED; deletes bluefish from 
hook-and-line proclamation authority; to be 
included in ISA NCAC 3M .0511. 
ISA NCAC 3M .OS 11 - BLVEFISH; establish 
proclamation authority for bluefish, to provide for 
compliance with Fishery Management Plan for 
Bluefish developed by Mid-Atlantic Fishery 
Management Council and the Atlantic States 
Marine Fisheries Commission. 
ISA NCAC 3N .OOOS - PROHIBITED GEAR, 
SECONDARY NURSERY AREAS; prohibits use of 
long haul seines or swipe nets in permanent and 
special secondary nursery areas. 
ISA NCAC 30 .0101 - LICENSE AGENTS; 
technical amendment in referencing another rule. 
ISA NCAC 30 .0102 - PROCEDURE AND 
REQUIREMENTS TO PURCHASE LICENSE; 
establishes requirements for purchasing 
Endorsement To Sell and Shellfish and Crab 
Licenses; requires Endorsement To Sell on every 
vessel and requires that the Endorsement To Sell, 
for the vessel used to take the fish, be the one used 
when selling; allows for individuals under 16 years 
of age to use parent or guardian 's Endorsement To 
Sell; allows for single fishing operations to use one 
Endorsement To Sell; allows for individuals 
catching fish from a chartered boat to sell under 
an individual Non-Vessel Endorsement to Sell and 
registered tournaments to sell fish under one 
Non-Vessel Endorsement To Sell; requires a land 



or sell license for non-residents to land fish taken 
outside N. C. waters and an Endorsement To Sell 
to sell those fishes; allows non-residents from 
states which have a reciprocal agreement with 
North Carolina to land fish taken outside North 
Carolina waters with a license from their state of 
residence but requires an Endorsement to Sell to 
sell those fish. 

ISA NCAC 30 .0108 - LOST LICENSE 
REPLACEMENT; increases fee to $5.00 for 
replacement of lost vessel license including 
Endorsement To Sell providing license has not 
been suspended or revoked, includes Shellfish and 
Crab License and Non-Vessel Endorsement to Sell 
replacement without charge if license is lost and is 
not suspended or revoked. 

ISA NCAC 30 .0201 - STANDARDS FOR 
SHELLFISH BOTTOM AND WATER COLUMN 
LEASES; transfers authority from Marine Fisheries 
Commission to Secretary of Environment, Health 
and Natural Resources; reduces minimum size from 
one acre to one-half acre for leases; allows 
planting effort to exempt production for a five year 
period. 

ISA NCAC 30 .0203 - SHELLFISH LEASE 
APPLICATION PROCESSING; transfers authority 
from Marine Fisheries Commission to Secretary of 
Environment, Health and Natural Resources. 
ISA NCAC 30 .0204 - MARKING SHELLFISH 
LEASES AND FRANCHISES; transfers authority 
from Marine Fisheries Commission to Secretary of 
Environment, Health and Natural Resources. 
ISA NCAC 30 .020S - LEASE RENEWAL; 
establishes procedures for appealing decisions 
through contested case hearings. 
ISA NCAC 30 .0206 - LEASE PROTEST; 
transfers authority from Marine Fisheries 
Commission to Secretary of Environment, Health 
and Natural Resources; establishes procedures for 
appealing decisions through contested case 
hearings. 

ISA NCAC 30 .0208 - CANCELLATION; allows 
for planting effort to exempt production in 
considering cancellation; establishes procedures 
for appealing decisions through contested case 
hearings. 

ISA NCAC 30 .0209 - TRANSFER OF 
INTEREST; reduces minimum size from one acre to 
one-half acre for leases; transfers authority' from 
Marine Fisheries Commission to Secretary of 
Environment, Health and Natural Resources. 
ISA NCAC 3R .0002 - MILITARY PROHIBITED 
AND RESTRICTED AREAS; notes existance of 
both prohibited and restricted military areas; 
corrects description of Neuse River (Hancock 



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1575 



PROPOSED RULES 



Creek/Slocum Creek) area; deletes advisory for 
Piney Island. 

ISA NCAC 3R .0004 - PERMANENT 
SECONDARY NURSERY AREAS; designates Davis 
Creek in Brunswick Counr\- as a permanent 
secondary nursery area. 

ISA NCAC 3R .0005 - SPECIAL SECONDARY 
NURSERY AREAS; Onslow County and Pender 
County, designates New River upstream of N. C 
Highway' 172 Bridge and Intracoastal Waterway 
maintained channel from Marker #17 north of 
Alligator Bay to Marker M9 at Morris Landing 
and Intracoastal Wuterw-uy maintained channel and 
100 feet on either side from Marker #49 to the 
N.C. Highway 50-210 Bridge at Surf City as 
special secondary nursery areas. 
15A NCAC 3R .0006 - TRAWL NETS 
PROHIBITED; adds portions of the following 
bodies of water to those areas where trawling is 
prohibited: Pamlico Sound, Stumpy Point Bay, 
Pamlico River, Goose Creek, Pungo River, Bay 
River (Dump Creek, Rockhole Bay. Vatidemere 
Creek, Cedar Creek, Chapel Creek, Upper Bay 
River), Pierce Creek, Tumagain Bay, Long 
Bay-Ditch Bay, West Tlwrofare Bay, Cedar Island 
Bay, TJiorofare Bay-Barry Bay, Nelson Bay, Brett 
Bay, Jarrett Bay, North River (portions of North 
River from the oyster house to a point on the east 
shore, and Ward Creek) and Newport River. 
ISA NCAC 3R .0007 - DESIGNATED POT 
AREIAS; technical changes in descriptions of 
designated pot areas; eliminates designated pot 
areas in military areas; allow proclamation 
authority to open and close portions of the 
following bodies of water to the use of pots; 
Wsocking Bay (Lone Tree Creek, Mt. Pleasant 
Bay), Juniper Bcry, Rose Bay. Spencer Bay, Bay 
River, Neuse River (Swan Creek, Gum Thicket 
Creek, Cockle Point area. Beards Creek). 

(comment Procedures; Comments and statements, 
both written and oral, may be presented at the 
hearings. Written comments are encouraged and 
may be submitted to the Marine Fisheries 
Commission, P.O. Box 769, Morehead City, NC 
28557. These written and oral comments must be 
received no later than January 14, 1994. Oral 
presentation lengths may be limited depending on 
the number of people that wish to speak at the 
public hearings. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3H - IDENTIFICATION AND 



DELEGATION OF AUTHORITY 

.0001 IDENTIFICATION INFORMATION 

(a) The Marine Fisheries Division of the 
Department of Environment, Health, and Natural 
Resources maintains its office headquarters at the 
Marine Fisheries Building, 341 1 Arendell St., Post 
Office Box 769, Morehead City, North Carolina 
28557. Telephone (919) 726-7021, or 
1-800-682-2632, toll free in North Carolina. 

(b) The coastal area is divided into four 
management/enforcement districts, each with a 
District Manager and a District Operations Office. 
The District Offices are: 

(1) Northern District, Rt. 6, Box 203 1367 
U.S. 17 South . Elizabeth City, NC 
27909. Telephone (919) 264-3911, or 
1-800-338-7805, toll free in North 
Carolina. 

(2) Pamlico District, Post Office Box 1507 
1424 Carolina Avenue . Washington. 
NC 27889. Telephone (919)946-6481, 
or 1-800-338-7804, toll free in North 
Carolina. 

(3) Central District. Post Office Box 769, 
Morehead City, NC 28557. Telephone 
(919) 726-7021, or 1-800-682-2632. 
toll free in North Carolina. 

(4) Southern District. 7225 Wrightsvillc 
Avenue 127 Cardinal Dr. Ext. . 
Wilmington, NC 28 4 03 28405 . 
Telephone (919) 256 4 5 4 1 395-3900 . or 
1-800-248-4536, toll free in North 
Carolina. 

Statutory Authority G.S 113-134; 150B-11. 

.0003 DELEGATION OF AUTHORITY TO 
FISHERIES DIRECTOR 

(a) The following specific functions have been 
delegated by the Secretary to the Fisheries 
Director: 

(1) The authority to return confiscated 
property when satisfied that the owner 
of such property had no knowledge of 
the use of the property for illegal 
purposes pursuant to G.S. 113-137; 

(2) The authority to select license agents 
pursuant to G.S. 113-151.1; 

(3) The authority to suspend or revoke all 
licenses pursuant to G.S. 113-166; 

(4) TTie authority to grant, renew or 
terminate shellfish leases pursuant to 
G.S. 1 13-202. 1 13-202. 1 and 1 13-202.2; 

(5) The authority to settle claims of 



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PROPOSED RULES 



ownership of estuarine bottoms 

pursuant to G.S. 1 13-206; and 
(6) The authority to issue Scientific 

Collecting Permits pursuant to G.S. 

113-261. 
(b) The proclamation authority granted to the 
Fisheries Director by the Marine Fisheries 
Commission within this Chapter includes the 
authority to close as well as open seasons and 
areas, to establish conditions governing various 
activities, and to reduce or increase the size and 
harvest limits from those stated in rule when 
specifically authorized. It is unlawful to violate 
the provisions of any proclamation issued by the 
authority of Marine Fisheries Commission Rule. 

Statutory Authority G.S. ] 13-134; 113-137; 

113-151.1; 113-166; 113-182; 113-202; 

113-202.1; 113-202.2; 113-206; 113-261; 
143B-289.4. 

SUBCHAPTER 31 - GENERAL RULES 

.0001 DEFINITIONS 

(a) All definitions set out in Subchapter IV of 
Chapter 1 1 3 of the General Statutes apply in these 
Rules. 

(b) The following additional terms are hereby 
defined: 

(1) Commercial Fishing Equipment. All 
fishing equipment used in coastal 
fishing waters except: 

(A) Seines less than 12 feet in length; 

(B) Spears; 

(C) A dip net having a handle not more 
than eight feet in length and a hoop or 
frame to which the net is attached not 
exceeding 60 inches along the 
perimeter; 

(D) Hook-and-line and bait-and-line 
equipment other than multiple-hook or 
multiple-bait trotline; 

(E) A landing net used to assist in taking 
fish when the initial and primary 
method of taking is by the use of 
hook and line; and 

(F) Cast Nets. 

(2) Fixed or stationary net. A net 
anchored or staked to the bottom, or 
some structure attached to the bottom, 
at both ends of the net; 

(3) Mesh Length. The diagonal distance 
from the inside of one knot to the 
outside of the other knot, when the net 
is stretched hand-tight; 



(4) Possess. Any actual or constructive 
holding whether under claim of 
ownership or not; 

(5) Transport. Ship, carry, or cause to be 
carried or moved by public or private 
carrier by land, sea, or air; 

(6) Use. Employ, set, operate, or permit 
to be operated or employed; 

(7) Purse Gill Nets. Any gill net used to 
encircle fish when the net is closed by 
the use of a purse line through rings 
located along the top or bottom line or 
elsewhere on such net; 

(8) Gill Net. y\ net set vertically in the 
water to capture fish by entanglement 
by the gills in its mesh as a result of net 
design, construction, mesh size, 
webbing diameter or method in which it 
is used. 

(9) Seine. A net set vertically in the water 
and pulled by hand or power to capture 
fish by encirclement and confining fish 
within itself or against another net, the 
shore or bank as a result of net design, 
construction, mesh size, webbing 
diameter, or method in which it is used. 

(10) Internal Coastal Waters or Internal 
Waters. All coastal fishing waters 
except the Atlantic Ocean; 

(11) Channel Net. A net used to take 
shrimp which is anchored or attached to 
the bottom at both ends or with one end 
anchored or attached to the bottom and 
the other end attached to a boat; 

(12) Dredge. A device towed by engine 
power consisting of a frame, tooth bar 
or smooth bar, and catchbag used in the 
harvest of oysters, clams, crabs, 
scallops, or conchs; 

(13) Mechanical methods for clamming. 
Includes, but not limited to, dredges, 
hydraulic clam dredges, stick rakes and 
other rakes when towed by engine 
power, patent tongs, kicking with 
propellers or deflector plates with or 
without trawls, and any other method 
that utilizes mechanical means to 
harvest clams; 

(14) Mechanical methods for oystering. 
Includes, but not limited to, dredges, 
patent tongs, stick rakes and other rakes 
when towed by engine power and any 
other method that utilizes mechanical 
means to harvest oysters; 

(15) Depuration. Purification or the 



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1577 



PROPOSED RULES 



removal of adulteration from live 
oysters, clams, and mussels by any 
natural or artificially controlled means; 

(16) Peeler Crab. A blue crab that has a 
soft shell developing under a hard shell 
and having a definite pink , white, or 
red line or rim on the outer edge of the 
back fin or flipper; 

(17) Length of finfish. Determined by 
measuring along a straight line the 
distance from the tip of the snout with 
the mouth closed to the tip of the 
compressed caudal (tail) fin; 

(18) Licensee. Any person holding a valid 
license from the Department to take or 
deal in marine fisheries resources. 

(19) Aquaculture operation. An operation 
that produces artificially propagated 
stocks of marine or estuarine resources 
or obtains such stocks from authorized 
sources for the purpose of rearing in a 
controlled environment. A controlled 
environment provides and maintains 
throughout the rearing process one or 
more of the following: predator 
protection, food, water circulation, 
salinity, aed/ or temperature controls 
utilizing proven technology not found in 
the natural environment. 

(20) Critical habitat areas are those fragile 
estuarine and marine areas that support 
juvenile and adult populations of 
economically important seafood species, 
as well as forage species important in 
the food chain. Critical habitats include 
nursery areas, beds of submerged 
aquatic vegetation, shellfish producing 
areas, anadromous fish spawning and 
anadromous fish nursery areas, in all 
coastal fishing waters as determined 
through marine and estuarine survey 
sampling. Critical habitats are vital for 
portions, or the entire life cycle, 
including the early growth and 
development of important seafood 
species. 

(A) Beds of submerged aquatic vegetation 
are those habitats in public trust and 
estuarine waters vegetated with one or 
more species of submerged vegetation 
such as eelgrass (Zostera marina), 
shoalgrass (Halodule wrightii) and 
widgeongrass (Ruppia maritima). 
These vegetation beds occur in both 
subtidal and intertidal zones and may 



occur in isolated patches or cover 
extensive areas. In either case, the 
bed is defined by the presence of 
above-ground leaves or the 
below-ground rhizomes and 
propagules together with the sediment 
on which the plants grow. In defining 
beds of submerged aquatic vegetation, 
the Marine Fisheries Commission 
recognizes the Aquatic Weed Control 
Act of 1991 (G.S. 113A-220 et. seq.) 
and does not intend the submerged 
aquatic vegetation definition and its 
implementing rules to apply to or 
conflict with the non-development 
control activities authorized by that 
Act. 

(B) Shellfish producing habitats are those 
areas in which economically important 
shellfish, such as, but not limited to 
clams, oysters, scallops, mussels, and 
whelks, whether historically or 
currently, reproduce and survive 
because of such favorable conditions 
as bottom type, salinity, currents, 
cover, and cultch. Included are those 
shellfish producing areas closed to 
shellfish harvest due to pollution. 

(C) Anadromous fish spawning areas are 
defined as those areas where evidence 
of spawning of anadromous fish has 
been documented by direct 
observation of spawning, capture of 
running ripe females, or capture of 
eggs or early larvae. 

(D) Anadromous fish nursery areas are 
defined as those areas in the riverine 
and estuarine systems utilized by 
post-larval and later juvenile 
anadromous fish. 

(21) Intertidal Oyster Bed. A formation, 
regardless of size or shape, formed of 
shell and live oysters of varying 
density. 

(22) North Carolina Trip Ticket. 
Multiple-part form provided by the 
Department to fish dealers who are 
required to record and report 
transactions on such forms. 



(23) Transaction. Act of doing business 
such that fish are sold, offered for sale, 
exchanged, bartered, distributed or 
landed. The point of landing shall be 
considered a transaction when the 
fisherman is the fish dealer. 



1578 



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PROPOSED RULES 



Statutory Authority G.S. 113-134; 143B-289.4. 

.0010 MILITARY PROfflBITED AND 
RESTRICTED AREAS 

(a) Pursuant to Title M 33 United States Code 
Section 3, the United States Army Corps of 
Engineers has adopted regulations which restrict 
access to and activities within certain areas of 
coastal and inland fishing waters. Federal Rules 
codified at 33 CFR 334.410 through 334.450 
designate prohibited and restricted military areas, 
including locations within North Carolina coastal 
fishing waters, and specify activities allowed in 
these areas. The areas described in 33 CFR 
334.420 (a) (1) BT-9 Brant Island and 334.420 (b) 
(1) £i} BT-11 Piney Island are designated as 
prohibited areas and are closed to navigation by 
the public at all times. The N.C. Marine Fisheries 
Commission and Division of Marine Fisheries do 
not have the authority to provide for fishing access 
to these areas. Therefore, the two above described 
areas will be excluded from any rule promulgated 
by the Marine Fisheries Commission and any 
proclamation issued by the Fisheries Director 
which provide fishing access to areas adjacent to 
the two above described areas. Access to the 
military prohibited and restricted areas and 
enforcement of the federal rules applicable therein 
is the sole responsibility of the respective federal 
military organization listed for each restricted area 
in the federal regulations. North Carolina 
fishermen should be warned that the unlawful use 
of military prohibited areas for fishing or any 
other purpose will expose such trespassers to the 
risk of death or serious injury, and The designated 
areas arc used for military training which may 
include bombing with live ordnance. — Fishermen 
who enter and fish within the areas should follow 
Federal — Regulations — te — avoid — exposure — te 
undctonatcd ordnance, fragments from exploding 
ordnance and other dangerous activities. — Federal 
federal law provides substantial penalties for 
violations of the federal regulations. 

(b) The designated areas are shown on 
navigational charts and specifically described in the 
Coastal Pilot and the Code of Federal Regulations 
(CFR). The descriptions in 15A NCAC 3R 
.0002(a) show the general location of each such 
area, the Federal Regulation specifically describing 
the areas, the Federal Regulations stating the 
limitations on access to and use of each such area, 
and the designated military authority to contact for 
information about permits and/or for access to 
each such area. 

^e^ — The Brant Island Range in Pamlico Sound 



has been used for live bomb deliver^' training since 
World War II and continues to be used for such 
training. — Military safety studies confirm that -the 
area adjacent to the target has many undctonatcd 
ordnances — ©n — the — bottom. — Becau s e — ef — the 
accompanying — hazards, — fi s hermen — are — strongly 
advised to restrict fishing activities within the 
Brant Island range. 

(d) — Because of the types of military training at 
the — Piney — I s land — range — m — Pamlico — Sound, 
fishermen are s trongly advised not to u s e fixed 
gear including, but not limited to, pota, pound 
nets, and gill nets in the area described in 15A 
NCAC 3R .0002(b). 

Statutory Authority G.S. 113-134; 113-181; 
113-182; 143B-289.4. 

.0014 RECORDKEEPING REQUIREMENTS 

(a) Transactions which do not require the seller 
to possess an endorsement to sell are exempt from 
recordkeeping requirements. 

(b) It is unlawful for a fish dealer: 

(1) To fail to accurately and legibly 
complete all mandatory items on the 
North Carolina trip ticket for each 
transaction; 

(2) To fail to provide to the Department a 
completed no transaction form by the 
tenth day of the following month when 
no transactions occurred for a month. 

(c) It is unlawful for a seller licensed under G.S. 
113-153 or G^ 113-154.1 to feU to provide to the 
fish dealer, at the time of transaction, the 
following: 

(1) A current and valid endorsement to sell 
or appropriate endorsement number for 
the fishing operation used to take the 
fish: 

(2) Complete and accurate information on, 
but not limited to, harvest method and 
area of catch. 

Statutory Authority G.S. 113-134; 113-154.1; 
113-156; 143B-289.4. 

SUBCHAPTER 3J - NETS, POTS, 

DREDGES, AND OTHER FISHING 

DEVICES 

SECTION .0100 - IVET RULES, GENERAL 

.0103 GILL NETS, SEINES, 

IDENTIFICATION, RESTRICTIONS 

(a) The Fisheries Director may, by 



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1579 



PROPOSED RULES 



proclamation, limit or prohibit the use of gill nets 
or seines in coastal waters, or any portion thereof, 
or impose any or all of the following restrictions 
on the use of gill nets or seines: 

(1) Specify area. 

(2) Specify season. 

(3) Specify gill net mesh length except that 
the mesh length shall not be less than 2 
1/2 inches. 

(4) Specify means/methods. 

(5) Specify net number and length. 

(b) It is unlawful to use fixed or stationary gill 
nets in the Atlantic Ocean or any gill nets in 
internal waters unless such nets are marked by 
attaching to them at each end two separate yellow 
buoys which shall be of solid foam or other solid 
buoyant material no less than five inches in 
diameter and no less than five inches in length. 
Gill nets which are not connected together at the 
top line shall be considered as individual nets, 
requiring two buoys at the end of each individual 
net. Gill nets connected together at the top line 
shall be considered as a continuous net requiring 
two buoys at each end of the continuous net. Any 
other marking buoys on gill nets shall be yellow 
except that one additional identification buoy of 
any color or any combination of colors may be 
used at either or both ends. The owner shall 
always be identified on a buoy on each end either 
by using engraved buoys or by attaching engraved 
metal or plastic tags to the buoys. Such 
identification shall include one of the following: 

(1) Owner's N.C. motor boat registration 
number, or 

(2) Owner's U.S. vessel documentation 
name, or 

(3) Owner's last name and initials. 

(c) It is unlawful to use gill nets: 

(1) Within 30G 50 yards of any pound net 
with lead and pound or heart which is 
in use except — m — Chowan — River as 
provided in 15A NCAC 3J .0203(7) ; 

(2) From March 1 through October 31 in 
the Intracoastal Waterway within 150 
yards of any railroad or highway 
bridge. 

(d) It is unlawful to use gill nets within 100 feet 
either side of the center line of the Intracoastal 
Waterway Channel south of Quick Flasher No. 54 
in Alligator River at the southern entrance to the 
Intracoastal Waterway to the South Carolina line, 
unless such net is used in accordance with the 
following conditions: 

(1) No more than two gill nets per boat 
may be used at any one time; 



(2) Any net used must be attended by the 
fisherman from a boat who shall at no 
time be more than 100 yards from 
either net; and 

(3) Any individual setting such nets shall 
remove them, when necessary, in suffi- 
cient time to permit unrestricted boat 
navigation. 

(e) It is unlawful to use drift gill nets in viola- 
tion of 15A NCAC 3J .0101(2) and Paragraph (d) 
of this Rule. 

(f) It is unlav^ful to use unattended gill nets or 
block or stop nets in the Atlantic Ocean within 300 
yards of the beach from Beaufort Inlet to the South 
Carolina line from sunset Friday to sunrise Mon- 
day from Memorial Day through Labor Day. 

Statutory Authority G.S. 113-134: 113-182; 
113-221; 143B-289.4. 

.0104 TRAWL NETS 

(a) It is unlawful to use trawl nets for the taking 
of finfish in internal waters, except that it shall be 
permissible to take or possess finfish incidental to 
crab or shrimp trawling in accordance with the 
following limitations: 

( 1 ) It is unlawful to possess aboard a vessel 
while using a trawl in internal waters 
more than 1,(XX) 500 pounds of finfish 
from December I through February 28 
and LOCK) pounds of finfish from 
March 1 through November 30 except 
flounder of legal size may bo token and 
possessed without limit in quantity in 
internal waters while engaged in crab 
trawling . 

(2) The Fisheries Director may, by procla- 
mation, close any area to trawling for 
specific time periods in order to secure 
compliance of this Rule. 

(b) It is unlawful to use trawl nets: 

(1) In internal coastal waters, between one 
hour after sunset Friday and one hour 
before sunset on Sunday; 

(4-2) For the taking of oysters; 

(33) In Albemarle Sound and its tributaries; 

(^4) In that area the areas of Shackleford 
Banks as described in 15A NCAC 3R 
.00067 1 

From December \ through February 28 
from one hour after sunset to one hour 
before sunrise in the following areas: 



(5) 



(A) In Pungo River north of a line begin- 
ning at a point on Wades Point 35° 
23' 17" N ; 761 34! 30^ Wi rtinning 



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PROPOSED RULES 



I 



060° (M) to a point on Currituck 
Point 35° 24' 35" N - 76° 32' 19" 

(B) In Pamlico River west of 
beginning at a 



Statutory Authority G. S. 
113-221; 143B-289.4. 



113-134; 113-182; 



im 



IE) 



I 



_ a line 

point on the south 



shore near Fulford Point 35° 19' 52" 
N ; 761 35: 56:: Wi running 026° 
(M) through Flashing Red Marker " 1 " 
to a point on Wades Point 35° 23' 
17" N - 76° 34' 30" W. 
(C) In Bay River west of a line beginning 
at a point on Maw Point 35° 09' 02" 
N ; 761 32: lO:: Wi running 021° 
(M) through Flashing Green Marker 
"1" to a point on Bay Point 35° 1 1' 
01" N - 76° 31' 35" W. 
In Neuse River west of a line 
beginning at a point off Cherry Point 
34° 56' 17" N - 76° 48' 37" W: 
r unning 020° (M) through Flashing 
Red Marker "9" to a point off 
Wilkinson Point 34° 57' 58" N - 76° 
48' 22" W. 

In New River all waters upstream of 
the N.C. Highway 172 Bridge. 
In an area of Pamlico Sound 
northwest of Ocracoke Island within 
that area bounded by a line beginning 
at a point on Core Banks 34° 58' 18" 
N I 76^ lO: ir Wi running 320° 
(M) to Kingfish Shoal Marker 35° 00' 
2r N ; 76^ ii: 22:: Wi thence 
running 029° (M) to Flashing Green 
Marker "5" 35° 09' 1 1" N - 76° 09' 
35" W; thence running 092° (M) 76° 
04: 25:: W to Flashing Green Marker 
:T: 351 09: 43:: Ni thence running 
098° (M) to Flashing Green Marker 
"1" 35° 09' 42" N - 76° 04' 27" W; 
thence running 076° (M) to Flashing 
Red Marker "2" at Shark Shoal 35° 
76 



16' 43" N 
following 



44: 22:: W; thence 

Rollinson channel to 



I 



Hatteras Island. 

(c) Minimum mesh sizes for shrimp and crab 
trawls are presented in 15A NCAC 3L .0103 and 
.0202. 

(d) The Fisheries Director may, with prior 
consent of the Marine Fisheries Commission, by 
proclamation, require finfish excluder devices or 
codend modifications in trawl nets to reduce the 
catch of finfish that do not meet size limits or are 
unmarketable as individual foodfish by reason of 
size. 



.0107 POUND NETS 

(a) It is unlawful to use pound or fyke nets in 
internal coastal fishing waters without the owner's 
identification being clearly printed on a sign no 
less than six inches square, securely attached on an 
outside corner stake of each such net. Such 
identification must include one of the following: 

(1) For pound nets, the pound net permit 
number and the owner's last name and 
initials. 

(2) For fyke nets, the owner's N.C. 
motorboat registration number^; — the 
owner's — y^S: — vcaacl — documentation 
name, or the owner's last name and 
initials. 

Any pound or iyke net or any part thereof found 
set in internal coastal fishing waters without proper 
identification will be in violation and may be 
removed and disposed of in accordance with law. 

(b) It is unlawful to set pound nets, or any part 
thereof except location identification stakes at each 
end of proposed new locations without first 
obtaining a Pound Net Permit from the Fisheries 
Director Within — 60 days of application, — the 
Fisherie s Director shall issue a public notice of 
intent to consider issuance of a Pound Net Permit 
for new locations, and may hold public meetings 
and approve — or take — other action — which — meef 
include the denial of Pound Net Permits, deemed 
necessary to avoid potential user conflict s and to 
protect — traditional — ttses — of the — area — including 

construction — ef — use — of piers. The — Fisheries 

Director's — fisal — deci s ion — te — approve, — deny — ef 
modify the pound net permit application may be 
appealed by requesting in writing, within 20 day s 
of notice of s uch action, an administrative hearing 
before the Marine Fisheries Commission. A Pound 
Net Permit for a new location may be issued 
following evaluation by the Fi s herie s Director and 
will expire 365 day s from the date of issue. 

^e^ — It is unlawful to set pound nets in previously 
registered — ef — permitted — locations — without — first 
obtaining a Pound Net Permit for each location 
from the Fisherie s Director — Such permits will 
expire 365 day s from the date of issue. — Failure to 
obtain — a — Pound — Net — Permit — annually. — e>f 
abandonment of pound net s ets without removal of 
aH — stalces. — shaH — constitute a violation and be 
grounds for refusal of any Pound Net Permit. 
Application for renewal of Pound Net Permits 
must be filed not less than ten days prior to 
expiration and will not be processed unless filed by 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1581 



PROPOSED RULES 



tho prior rcgigtrant. Whon an objection to a 

renewal is filed during the term of the permit, the 
Fisheries Director shall review and may deny the 
permit renewal under the criteria for issuance of 
new Pound Net Pormito. — Failure to use a pound 
net site within 60 days of issuance of a Pound Net 
Permit shall also constitute a violation and be 
grounds for refusal and/or revocation of other 
Pound Net Perm ife — It is unlawful to abandon a 
pound net set without removal of all stakes. 

{d) — It is unlawful to use a pound net without 
leaving a marked navigational opening of at least 
25 feet at the end of every third pound. Suoh 
openings shall be marked with yellow signs at least 
six inches square. 

fe) — It i s unla\^ful to set a pound net, pound net 
stolces. — or other related equipment in — internal 
coa s tal — fishing — waters without — yellow — light 
reflective tape or devices on each pound. — The 
light reflective tape or devices must be affixed to 
a stake of at least three inches in diameter on the 
ofl'shore end of each pound, must cover a vertical 
distance not less than 12 inches, and must be 
visible from a vessel when approached from all 
directions. 

(1) For proposed new locations, the 
Fisheries Director shall issue a public 
notice of intent to consider issuance of 
a Pound Net Permit, and may hold 






IQ 



iDJ 



public meetings to take comments on 
the proposed pound net set. The 
Fisheries Director shall approve or 
deny the permit within 60 days of 
application. The Fisheries Director 
may deny the permit application if it is 
determined that granting the permit will 
be inconsistent with one or more of the 
following permitting criteria: 
The application is in any name other 
than an individual. 

The proposed pound net set, either 
alone or when considered 
cumulatively with other existing 
pound net sets in the area, will not 
unduly interfere with public 
navigation. 

The proposed pound net set, either 
alone or when considered 
cumulatively with other existing 
pound net sets in the area, will not 
unduly interfere with existing, 
traditional uses of the area other than 
navigation. 

TTie proposed pound net set will not 
interfere with the rights of any 



lEl 



im 



IG} 



riparian or littoral landowner, 
including the construction or use of 
piers. 

The proposed pound net set will not, 
by its proximate location, unduly 
interfere with existing pound net sets 
in the area. 

The applicant has not m the past 
complied with fisheries laws related to 
pound nets. 

The proposed pound net set is 
otherwise not in the public interest. 
Approval may be conditional based 
upon the applicant's continuing 
compliance with specific conditions 
contained in the Pound Net Permit that 
would ensure that the operation of the 
pound net is consistent with the criteria 
for permit denial set out in (Aj through 
(G) of this Subparagraph. The 

Fisheries Director's final decision to 
approve or deny the Pound Net Permit 
application may be appealed by 
requesting in writing, within 20 days 
notice of such action, an administrative 
hearing before the Marine Fisheries 
Commission. 



(2) An application for renewal of an 
existing Pound Net Permit shall be filed 
not less than 10 days prior to the date 
of expiration of the existing permit, and 
will not be processed unless filed by the 
prior permittee. When a written 
objection to a renewal has been 
received during the term of the existing 
permit, the Fisheries Director shall 
review the renewal application under 
the criteria for issuance of a new Pound 
Net Permit, and may decline to renew 
the permit accordingly. 

(3) A Pound Net Permit, whether a new or 
renewal permit, shall expire 365 days 
from the date of issuance. 

£c} It is unlawful to abandon an existing pound 
net set without completely removing from the 
public bottom or coastal waters all stakes and 
associated st ructures, gear and equipment within 
30 days, or to feU within 30 days to completely 
remove from the public bottom or coastal waters 
all stakes and other structures, gear and equipment 
associated with any pound net set for which a 
permit is revoked or denied. For purposes of this 
subsection, the term "abandonment" shall include 
the failure of a permittee to ensure that the pound 
net set has been fully operational within 365 days 



1582 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



of the issuance of a Pound Net Permit. A 
violation under tliis subsection shall be grounds for 
the Fisheries Director to revoke any other Pound 
Net Permits held by the violator and for denial of 
any future pound net set proposed by the offender. 
{di It is unlawful to transfer ownership of a 
pound net without notification to the Division of 
Marine Fisheries within 30 days of the date of the 
transfer. Such notification shall be made by the 
new owner in writing and shall be accompanied by 
a copy of the previous owner's permit and an 
application for a pound net permit in the new 
owner's name. Failure to do so will result m 
revocation of the pound net permit. 

(e) Every pound net set shall have a marked 
navigational opening of at least 25 feet in width at 
the end of every third pound. Such opening shall 
be marked with yellow light reflective tape or 
devices on each side of the opening. The light 
reflective tape or devices shall be affixed to a stake 
of at least three inches in diameter, shall cover a 
vertical distance of not less than 12 inches, and 
shall be visible from all directions by a vessel 
approaching the pound net set. In addition, every 
pound net in internal coastal fishing waters shall 
have yellow light reflective tape or devices on each 
pound. The light reflective tape or devices shall 
be affixed to a stake of at least three inches in 
diameter on the ofl'shore end of each pound, shall 
cover a vertical distance of not less than 12 inches, 
and shall be visible from all directions by a vessel 
approaching the pound net set. If a permittee 
notified of a violation under this subsection tails or 
refuses to take corrective action sufficient to 
remedy the violation within 15 days of receiving 
notice of the violation, the Fisheries Director shall 
revoke the permit. 

(f) In Core Sound, the Fisheries Director shall 
by proclamation designate areas for the use of 
pound and fyke net s , it is unlawful to use pound 
nets in the following areas: 

(1) That area bounded by a line beginning 
at Green Day Marker #3 near Hog 



Island Point running 124° (M) to Green 
Flasher #13; thence 026° (M) to Green 
Flasher #11; thence 294° (M) to a point 
on shore north of Great Ditch 34° 58' 
54" 



N 



76° 15' 06" W: thence 



iH 



following the shoreline to Hog Island 
Point 34° 58' 27" N - 76° 15' 49" W; 
thence 231 ° (M) back to Green Day 
Marker #3. 

That area bounded by a line beginning 
at Green Day Marker #3 near Hog 
Island Point running 218° (M) to Cedar 



13} 



Island Point 34° 57' 33" N - 76° 16' 
34" W; thence 156° (M) to Red Flasher 
#18; thence 011° {M} to Red Flasher 
#2; thence 302° (M) back to Green 
Marker #3. 

That area bounded by a line beginning 
on Long Point 34° 56' 52" N - 76° 16' 
42" W; thence running 105° (M) to 
Red Marker #18; thence running 220° 
(M) to Green Marker #19; thence 
following the six foot contour past the 
Wreck Beacon to a point at 34° 53' 45" 
N - 76° 18' 1 1" W: thence 227° (M) to 
Red Marker #26; thence 229° (M) to 
Green Marker #27; thence 271° (M) to 
Red Flasher #28; thence 225° (M) to 
Green Flasher #29; thence 256° (M) to 
Green Flasher #31; thence 221° (M) to 
Green Flasher #35; thence 216° (M) to 
Green Flasher #37; thence 291° (M) to 
Bells Point 34° 43' 42" N - 76° 29' 
59" W; thence north following the 
shoreline of Core Sound across the 
mouth of Jarrett Bay. Oyster Creek. 



Fulcher Creek. Willis Creek. Nelson 
Bay. Styron Bay. East Thorofare Bay 
and Rumley Bay, back to Long Point. 
(g) In Pamlico Sound, it is unlawful to set a 
pound net, pound net stakes, or any other related 
equipment without radar reflective metallic 
material and yellow light reflective tape or devices 
on each end of the pound net set. The radar 
reflective material and the light reflective tape or 
devices must be affixed to a stake of at least three 
inches in diameter, must cover a vertical distance 
of not less than 12 inches, and must be detectable 
by radar and light from a vessel when approached 
from all directions. Light reflective tape or 
devices may be affixed to the radar reflective 
material. 

(h) The Fisheries Director may, by 

proclamation, between August 1 and January 31, 
require escape panels in pound nets and may 
impose any or all of the following restrictions on 
the use of escape panels: 

(1) Specify size, number, and location. 

(2) Specify mesh length, but not more than 
six inches. 

(3) Specify time and/or season. 

(4) Specify areas. 



Statutory Authority G. S. 
113-221; 143B-289.4. 



113-134; 113-182; 



SECTION .0300 - POTS, DREDGES, AND 



8:17 



NORTH CAROLINA REGISTER 



December I, 1993 



1583 



PROPOSED RULES 



OTHER FISHING DEVICES 

.0301 CRAB. EEL, FISH, AND SHRIMP 
POTS 

(a) It is unlawful to use pots except during time 
periods and in areas specified herein: 

(1) From November 1 through April 30 
except that all pots, except fish pots 
upstream of U.S. 17 Bridge across 
Chowan River and upstream of a line 
across the mouth of Roanoke, Cashie, 
Middle and Eastmost Rivers to the 
Highway 258 Bridge, shall be removed 
from internal waters from January 24 
through February 7. The Fisheries 
Director may, by proclamation, reopen 
various waters to the use of pots after 
January' 28 if it is determined that such 
waters are free of pots. 

(2) From May I through October 3 1 , north 
and east of the Highway 58 Bridge at 
Emerald Isle^ 

(A) m In areas described in 15A NCAC 
3R .0007(a);, except that the 

(B) To allow for the variable spatial 
distribution of Crustacea and finfish, 
the Fisheries Director may, by 
proclamation, specify time periods for 
or designate the areas in Wysocking 
Bay described in 15A NCAC 3R 
.0007 f4Xft) £b) or any part thereof, 
and adjust designated areas in Long 
Shoal River for the use of pots during 
this time period . 

(3) From May 1 through October 3 1 in the 
Atlantic Ocean and west and south of 
the Highway 58 Bridge at Emerald Isle 
in areas and during time periods 
designated by the Fisheries Director by 
proclamation. 

(b) It is unlawful to use pots in any navigation 
channel maintained and marked by State or Federal 
agencies. 

(c) It is unlawful to use pots unless each pot is 
marked by attaching a floating buoy which shall be 
of solid foam or other solid buoyant material and 
no less than five inches in diameter and no less 
than five inches in length. Buoys may be of any 
color except yellow. The owner shall always be 
identified on the attached buoy by using engraved 
buoys or by engraved metal or plastic tags attached 
to the buoy. Such identification shall include one 
of the following: 

(1) owner's N.C. motorboat registration 
number; or 



(2) owner's U.S. vessel documentation 
name; or 

(3) owner's last name and initials. 

(d) Pots attached to shore or a pier shall be 
exempt from (a)(2), (a)(3), and (c) of this Rule. 

(e) It is unlawful to use shrimp pots with mesh 
lengths smaller than one and one-fourth inches 
stretch or five-eights inch bar. 

(f) It is unlawful to use eel pots with mesh sizes 
smaller than one inch by one-half inch unless such 
pots contain an escape panel that is at least four 
inches square with a mesh size of I" x 1/2" 
located in the outside panel of the upper chamber 
of rectangular pots and in the rear portion of 
cylindrical pots, except that not more than two eel 
pots per fishing operation with a mesh of any size 
may be used to take eels for bait. 

(g) It is unlawful to use crab pots in coastal 
waters unless each pot contains no less than two 
escape rings that are at least 2 5/16 inches inside 
diameter and located in the opposite outside panels 
of the upper chamber of the pot. Peeler pots with 
a mesh size less than 1 1/2 inches shall be exempt 
from the escape ring requirement. TTie Fisheries 
Director may, by proclamation, exempt the escape 
ring requirement during the period — November 
through March, in order to allow the harvest of 
peeler crabs or mature female crabs and may 
impose any or all of the following restrictions: 

(1) Specify areas, and 

(2) Specify time. 

(h) It is unlawful to use more than 150 pots per 
vessel in Newport River. 

(i) Any pots found in violation of this Rule or 
15A NCAC 3J .0302 may be removed by marine 
fisheries enforcement officers and disposed of in 
accordance with law. 

ij] It is unlawful to use pots within 50 yards of 
any pound net with lead and pound or heart in use. 

Statutory Authority G.S. 113-134: 113-182: 
113-221: 143B-289.4. 

.0303 DREDGES AND MECHANICAL 
METHODS PROHIBITED 

(a) It is unlawful to use or have aboard a vessel 
any dredge weighing more than 100 pounds except 
in the Atlantic Ocean . 

(t) It is unlawful to use more than one dredge 
per vessel to take oysters or crabs or to use any 
dredges or mechanical methods between sunset and 
sunrise. 

(c) It is unlawful to possess oysters aboard a 
vessel with a dredge weighing more than 100 
pounds on board. 



1584 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



Statutory Authority G. S. 
143B-289.4. 



113-134; 113-182; 



SUBCHAPTER 3K - OYSTERS, CLAMS, 
SCALLOPS AND MUSSELS 

SECTION .0100 - SHELLFISH, GENERAL 

.0102 PROHIBITED RAKES 

(a) It is unlawful to use a rake more than 12 
inches wide or weighing more than six pounds to 
take oysters or scallops. 

{b} It is unlawful to use a rake with a spacing 
less than 15/16 inch in the basket or between the 
teeth to take clams from public bottom. 



Statutory Authority G. S. 
143B-289.4. 



.0103 



113-134; 113-182; 



SHELLFISH/SEED MANAGEMENT 
AREAS 

(a) The Fisheries Director may, by 

proclamation, designate Shellfish Management 
Areas which meet any of the following criteria. 
The area has: 

(1) Conditions of bottom type, salinity, 
currents, cover or cultch necessary for 
shellfish growth; 

(2) Shellfish populations or shellfish 
enhancement projects which may 
produce commercial quantities of 
shellfish at ten bushels or more per 



acre; 
(3) Shellfish populations 
enhancement projects 



or shellfish 
which 



produce shellfish suitable 



may 
for 

transplanting as seed or for relaying 

from polluted areas. 
£b} It is unlawful to use a trawl net, long haul 
seine, or swipe net for any purpose m any 
Shellfish/Seed Management area which has been 
designated by proclamation. These areas will be 
marked with signs or buoys in so fer as may be 
practicable. Unmarked and undesignated 

tributaries shall be the same classification as the 
designated waters to which they connect or into 
which they flow. No unauthorized removal or 
relocation of any such marker shall have the eff'ect 
of changing the designation of any such body of 
water or portion thereof, nor shall any such 
unauthorized removal or relocation or the absence 
of any marker alfect the applicability of any rule 
pertaining to any such body of water or portion 
thereof. 
(a c) It is unlawful to take oysters or clams from 



any Shellfish /Seed Management Area which has 
been closed and posted, except that the Fisheries 
Director may, by proclamation, open specific areas 
to allow the taking of oysters and clams and may 
designate time, place, character, or dimensions of 
any method or equipment that may be employed. 

(fed) It is unlawful to take oysters or clams 
from Seed Management Areas for planting on 
private bottoms without first obtaining a permit 
from the Fisheries Director. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289. 4. 

.0105 NON-COMMERCIAL HARVEST OF 
SHELLFISH AND CRABS 

(a) It is unlawful for individuals claiming 
exemption from the oyster, — clam — and — scallop 
shellfish and crab license required by G.S. 
113-154, by reason of non-commercial harvest, to 
take more than: 

(1) One bushel of oysters per person per 
day, not to exceed two bushels per 
vessel per day; 

(2) One hundred clams per person per day, 
not to exceed two hundred clams per 
vessel per day; and 

(3) One-half bushel of scallops per person 
per day, not to exceed one bushel per 
vessel per dayT ^ 

(4) Fifty blue crabs p er person p er day not 
to exceed one hundred blue crabs per 
vessel per day; 

(5) Ten conchs per person per day not to 
exceed twenty conchs per vessel per 
day; 

(6) One hundred mussels per person per 
day not to exceed two hundred mussels 
per vessel per day. 

(b) It is unlawful to take shellfish and crabs by 
mechanical means without having first procured an 
individual shellfish and crab license and a vessel 
license. A vessel license, as required by G.S. 
113-152 for the use of other commercial fishing 
equipment as defined in 15A NCAC 31 .0001(b)(1) 
is not required for the non-commercial harvest of 
shellfish in accordance with limits in Paragraph (a) 
of this Rule. 

(c) It is unlawful to take oysters and clams on 
Sundays and scallops on Saturdays and Sundays 
except: 

(1) during open seasons, and 

(2) in accordance with limits outlined in 
Paragraph (a) of this Rule with or 
without license. 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1585 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 
113-154: 113-182: 143B-289.4. 



113-152: Health and which hold a valid shucker-packer 

license. 



SECTION .0200 - OYSTERS 

.0201 OPEN SEASON AND POSSESSION 
LIMIT 

It is unlawful to take, buy, sell, or possess any 
oysters from public bottoms except during the 
open season which begins October 15 for hand 
harvest, and November 1 for mechanical methods 
and may extend through March 3 1 . During any 
open season that may be allowed within the time 
periods stated herein, the Fisheries Director may, 
by proclamation, close and open the season or 
close and open any of the various waters to the 
taking of oysters and may impose any or all of the 
following restrictions: 



(1) 
(2) 
(3) 

(4) 
(5) 



£6] 



Specify number of days; 

Specify' areas; 

Specify means and methods which may 

be employed in the taking; 

Specify time period; and 

Specify the quantity, but shall not exceed 

possession of more than 50 bushels 

aboard a vessel ^^ and 

Specify minimum size limit by shell 

length but not less than 2 \J2 inches. 



Statutory Authority G.S 113-134: 113-182: 
113-201: 113-221: 143B-289.4. 

.0202 SIZE LI^^T AND CULLING 
TOLERANCE 

(a) It is unlawful to possess oysters which have 
accumulated dead shell, accumulated oyster cultch 
material, a shell length of less than three inches 
that specified by proclamation , or any combination 
thereof that exceeds a 10 percent tolerance limit by 
volume. In determining whether the tolerance 
limit is exceeded, the Fisheries Director and his 
agents are authorized and empowered to grade all, 
or any portion, or any combination of portions of 
the entire quantity being graded, and in cases of 
violations, may require seizure and return to public 
bottom or other disposition as authorized by law. 

Qo) All oysters shall be culled by the catcher 
where harvested and all oysters of less than legal 
size, accumulated dead shell and cultch material, 
shall be immediately returned to the bottom from 
which taken. 

(c) This Rule shall not apply to oysters imported 
from out-of-state solely for shucking at shucking 
houses which are currently certified for shucking 
and packing by the Division of Environmental 



Statutory Authority G.S. 113-134: 113-182; 
143B-289. 4. 

.0203 TRAWLING ACROSS OYSTER 
MANAGEMENT AREAS 
PROfflBITED 

It is unlawful to tow or pull a trawl not for any 
purpose acro ss any oyster bod which has been 
planted and post e d by tho state. 

Statutory Authority G.S. 113-134; 113-182; 
1438-289. 4. 

SECTION .0300 - HARD CLAMS 
(MERCENARIA) 

.0301 SEASON, SIZE AND HARVEST 
LIMIT 

£a} It is unlawful to take, buy, sell or possess 
any hard clams from public bottom except during 
the open season which begins June \ and extends 
through March 31 . 

(a b) It is unlawful to take, land, or possess 
aboard a vessel more than 6,250 hard clams per 
fishing operation from public bottom in internal 
waters . It is unlawful to take, possess, sell, or 
purchase any clams (except Rangia or freshwater 
clams) less than one inch thick except in 
accordance with 15A NCAC 3K .0305(b). Clams 
shall be culled where harvested and all clams of 
less than legal size with their shell, shall be 
immediately returned to the bottom from which 
taken. The Fisheries Director and his agents are 
authorized and empowered to grade all, or any 
portion, or any combination of portions of the 
entire quantity of clams being graded and may 
require seizure and return to public bottom or 
other disposition as authorized by law of the entire 
quantity being graded or any portion thereof. 

(h c) For temporary openings made upon the 
recommendation of Shellfish Sanitation, for 
maintenance dredging operations, or for relaying 
of polluted clams to private shellfish bottoms as 
permitted by 15A NCAC 3K .0104. size and 
harvest limits established in Paragraph (a) of this 
Rule and the season and area limitations 
established in 15A NCAC 3K .0302 may not 
apply. 

Statutory Authority G.S 113-134: 113-182: 
113-221; 1438-289. 4. 



1586 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



SUBCHAPTER 3L - SHRIMP, CRABS, AND 
LOBSTER 

SECTION .0100 - SHRIMP 

.0102 WEEKEND SHRIMPING 
PROHIBITED 

It is unlawful to take shrimp by any method 
between one hour after sunset on any Saturday 
Friday and one hour before sunset on the 
following Sunday, except: 

(1) In the Atlantic Ocean; and 

(2) With the use of fixed and channel nets, 
hand seines, and cast nets. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

SECTION .0200 - CRABS 

.0202 CRAB TRAWLING 

(a) It is unlawful to take or possess aboard a 
vessel crabs taken by trawl in internal waters 
except in areas and during such times as the 
Fisheries Director may specify by proclamation. 

(b) It is unlawful to use any crab trawl with a 
mesh length less than three four and one-half 
inches for taking hard crabs^ — except that the 
Fisheries Director may, by proclamation, increase 
the minimum me s h length to not more than four 
inches . 

(c) It is unlawful to use trawls with a mesh 
length less than two inches or with a corkline 
exceeding 25 feet in length for taking soft or 
"peeler" crabs. 

(d) It is unlawful to take crabs with trawls 
between one hour after sunset on any Saturday 
Friday and one hour before sunset on the 
following Sunday, except in the Atlantic Ocean. 



Statutory Authority G. S. 
113-221; 143B-289.4. 



113-134; 113-182; 



SUBCHAPTER 3M - FEVFISH 
SECTION .0200 - STRIPED BASS 

.0201 GENERAL 

(a) Striped bass is defined as striped bass 
(Morone saxatilis) and its hybrids taken in coastal 
and joint waters. 

(b) Hook-and-line fishing equipment is not 
commercial fishing equipment in the striped bass 
fishery. It is unlawful to sell or purchase striped 
bass taken by hook-and-line. Striped bass taken 



legally with hook-and-line may be possessed and 
transported. 

(c) It is unlawful to possess striped bass 
imported from other states less than 1 8 inches long 
(total length). 

(d) It is unlawful to import, buy, sell, transport, 
ofl^er to buy or sell, or possess striped bass except: 

(1) During the open season in internal 
coastal waters established in 15A 
NCAC 3M .0202, er 

(2) During any open season established for 
the Atlantic Ocean in 15A NCAC 3M 
.02047 i or 

(3) During any open season of another state 
without all of the following: 

(A) An importation permit issued by the 
North Carolina Division of Marine 
Fisheries; 

(B) A bill of lading as described in 15A 
NCAC 30 .0104; 

£Cj A numbered, state-issued tag from the 
State of origin affixed through the 
mouth and gill cover. This tag must 
remain aflfixed until processed for 
consumption by the consumer. 

(e) It is unlawful, during the closed season for 
striped bass, to import, buy, sell, transport, off'er 
to buy or sell, or possess any striped bass fillets, 
provided that this shall not apply to those lawfully 
acquired and possessed at the residence of an 
individual. 



Statutory Authority 
143B-289.4. 



G.S 113-134; 113-182; 



SECTION .0500 - OTHER FINTISH 

.0507 HOOK-AND-LINE FISHING 
RESTRICTED 

The Fisheries Director may, by proclamation, 
establish size and harvest limit restrictions for the 
following species taken by hook-and-line: 

(1) Blue marlin; 

(2) White mariin; 

(3) Sailfish; 

(4) Cobia; 

(5) Dolphin; 
{€) Blucfish; 

(76) Spotted seatrout; 
(87) Tunas; and 
(98) Flounder. 

Statutory Authority G. S. 
113-221; 143B-289.4. 



113-134; 113-182; 



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1587 



PROPOSED RULES 



.0511 BLUEFISH 

In order to comply with the management 
requirements incorporated in the Fishery 
Management Plan for Bluefish developed 
cooperatively by the Mid-Atlantic Fishery 
Management Council and the Atlantic States 
Marine Fisheries Commission, the Fisheries 
Director may, by proclamation, impose any or all 
of the following restrictions m the bluefish fishery: 
(1) Specify size; 

Specify seasons; 

Specify areas; 

Specify quantity; 

Specify m eans/methods; and 

Require submission of statistical and 

biological data. 



ill 
ill 
14] 
15} 
16} 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

SUBCHAPTER 3N - NURSERY AREAS 

.0005 PROfflBITED GEAR, SECONDARY 
NURSERY AREAS 

(a) It is unlawful to use trawl nets^ long haul 
seines or swipe nets for any purpose in any of the 
permanent secondary nursery areas described in 
15A NCAC 3R .0004. 

(b) It is unlawful to use trawl nets^ long haul 
seines or swipe nets for any purpose in any of the 
special secondary nursery areas described in 15A 
NCAC 3R .0005, except that the Fisheries 
Director, may, by proclamation, open any or all of 
the special secondary nursery areas, or any portion 
thereof, listed in 15A NCAC 3R .0005 with the 
exception of those listed in 15A NCA C 3R .0006 
to shrimp or crab trawling from August 16 through 
May 14 subject to the provisions of 15A NCAC 
3L .0100 and .0200. 

(c) Permanent and special secondary nursery 
areas described in 15A NCAC 3R .0004 and .0005 
generally pertain to those areas located between 
the described line and the primary nursery area 
lines or Inland-Coastal boundary lines where 
applicable. 



Statutory Authority G. S. 
113-221: 143B-289.4. 



113-134; 113-182; 



SUBCHAPTER 30 - LICENSES, LEASES, 
AND FRANCHISES 

SECTION .0100 - LICENSES 

.0101 LICENSE AGENTS 



(a) The total number of license agents in the 
counties which contain or border on coastal fishing 
waters shall not exceed 43. The license agents 
authorized for each county as of October 1, 1983, 
shall be allowed to renew their agency 
authorization subject to the terms of this Rule. 
The desired number of license agents for coastal 
fishing waters counties is three agents for Carteret, 
Dare, New Hanover and Onslow counties; two 
agents for Beaufort, Brunswick and Craven 
counties; and one agent for the remaining counties. 

(b) In the selection of license agents, the 
Secretary shall consider the followingrequirements; 

(1) Willingness to attend annual training 
seminars conducted at the Division field 
offices; 

(2) Demonstrated ability, either through 
past performance or through present 
capabilities, to maintain an accurate 
accounting of licenses and funds 
received from the sale of licenses; and 

(3) That no two license agents be located 
within a 10 mile radius. 

(c) License agents appointed after October 1, 
1983, shall receive a temporary appointment for a 
six month period. The Secretary shall review the 
appointment and determine whether the 
appointment should continue on the same terms 
applicable to other license agents. 

(d) It is unlawful for a Division appointed 
license agent or any other person who is acting in 
such agent's behalf to: 

(1) withhold or misappropriate funds from 
the sale of licenses; 

(2) falsify records of licenses sold; 

(3) willfully and knowingly assist or allow 
a person to obtain a license for which 
he is ineligible; 

(4) willfully issue a backdated license; 

(5) willfully on records or licenses to 
include false information or omit 
material information as to: 

(A) a persons entitlement to a particular 
license; or 

(B) the applicability or term of a 
particular license; 

(6) refuse to return all consigned licenses, 
or to remit the net value of consigned 
licenses sold or unaccounted for upon 
demand from an authorized employee 
of the Division. 

(e) Tlie Secretary may temporarily suspend, 
revoke, or refuse to renew a person's appointment 
as a license agent if he or his employees fail in a 
timely manner to submit required reports, remit 



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PROPOSED RULES 



monies due the Division, or otherwise comply with 
qualifications and standards set by the Division of 
Marine Fisheries. Any appeal of the Secretary's 
decision to temporarily suspend, revoke or refuse 
to renew an appointment of a license agent shall be 
conducted pursuant to the process set out in 15A 
NCAC 3N .0302 3P .0002 . 

Statutory Authority G.S. 113-134; 113-151.1; 
143B-289.4. 

.0102 PROCEDURE AND REQUIREMENTS 
TO PURCHASE LICENSE 

fa) — Buy boats, run boats, or any other vessels 
used in connection with commercial fishing opera 
tions, — except — vessels — without — motors — used — m 
connection with other licensed vessels and purse 
boats used in connection with menhaden mother 
s hips, arc required to meet the vessel license 
requirements of G.S. 113 152. 

fb) Licenses for residents, and non resident 

vessels fishing outside North Carolina's territorial 
VtBters but landing and offloading in North Caroli 
na. may be obtained by contacting the Division of 
Marine Fisheries, P.O. Box 769, Morehead City, 

N€ 2 8 557 0769 or one of its license agents 

located in each coastal county and in scvcml inland 
counties. 

{e) — Licenses for fish spotter planes, menhaden 
fishing, non resident vessels fishing in the coastal 
waters of North Carolina, and licensing by mail 
will be handled only by the Division of Marine 
Fi s heries, P.O. Box 769, Morehead City, NC 
28557 0769. 

fd) F or non resident — vessels — fishing — m — the 

coastal wntcrs of North Carolina, there is a period 
of 4 5 days following receipt of a completed licen s e 
application with fees during which it will be 
determined if the applicant is eligible for a license 
based on standards in G.S. 113 166. — License fees 
are not refundable if the license is denied. 

(ea) To obtain a commercial — fishing vessel 
license, an endorsement to sell fish or a shellfish 
and crab license, the following information is 
required: 

(1) Owner's full Full name, address, and 
date of birth^ and signature on license 
application ; 

(2) Pictured identification of purchaser 
when purchasing a shellfish and crab 
license; 

(3) Valid documentation papers or current 
motor boat registration or copy thereof 
when purchasing a vessel license; 

(34) Vessel — information ; — including overall 



Overall length of vessel. , port of land 
ing, number in crew, and other perti - 
nent information listed in vessel owner 
ship documents Any vessel with length 
involving inches shall be rounded off to 
the nearest foot. Less than six inches 
will be dropped off; six inches or more 
will be raised to the next foot ; 
(55) Statistical information such as type and 
size of equipment used in commercial 
fishing activities; and 
(46) Other miscellaneous information as may 
be required. 
(f) Any vessel with length involving inches shall 
be rounded off" to the nearest foot. — Less than six 
inches will be dropped ofl"; six inches or more will 
be raised to the next foot. 

fb) Buy-boats, run boats, or any other vessels 
used in conjunction with commercial fishing 
operations, except vessels without motors used in 
connection with other licensed vessels and purse 
boats used in connection with menhaden mother 
ships, are required to meet the vessel license 
requirements of G.S. 1 13-152. 

(c) Licenses for fish spotter planes, menhaden 
fishing and licensing by mail will be handled only 
by the Division of Marine Fisheries. P.O. Box 
769. Morehead City. N.C. 28557-0769. All other 
licenses may be purchased at any of several autho- 
rized license agents located throughout the coastal 
counties and in several inland counties. 

(d) A vessel endorsement to sell must be pur- 
chased for every vessel used to take fish for sale 
and the endorsement to sell on a specific vessel 
must be used when fish taken by that vessel are 
sold. 

(e) An endorsement to seM may not be trans- 
ferred except that an individual under 16 may sell 
fish under the license of a parent or guardian. The 
license may be transferred within a single fishing 
operation defined as an aquaculture operation or a 
single vessel. 

(f) The non-vessel endorsement to sel] fish can 
only be used to sell fish when a vessel was not 
used to take such fish except that fish taken on 
vessels for hire or in conjunction with a fishing 
tournament may be sold with the non-vessel 



endorsement to sell. Fish taken during a sanc- 
tioned tournament may only be sold by an autho- 
rized tournament agent possessing a non-vessel 
endorsement to sell. To be eligible for a 
non-vessel endorsement license tournaments must 
register with the Division of Marine Fisheries 30 
days prior to the tournament and must designate an 
authorized tournament selling and reporting agent. 



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1589 



PROPOSED RULES 



Any tournament so registered is a sanctioned 
tournament within the meaning of this subsection. 

(g) Vessel owners from states which have 
reciprocal land or sell agreements with North 
Carolina may land fish taken outside North 
Carolina waters without purchasing a land or sell 
license as required by G.S. 1 13-153. A vessel 
endorsement to sell fish with an endorsement card 
at the established fee based on vessel len^h will 
be required to sell fish in North Carolina. 

(h) Vessel owners from states which do not have 
reciprocal land or sell agreements with North 
Carolina taking fish only outside North Carolina 
coastal fishing waters may land those fish with a 
land or sell license. To sell fish in North 
Carolina, the vessel owner must also possess an 
endorsement to sell at the established fee based on 
the vessel length. 

Statutory Authority G.S. 113-152: 113-153; 
143B-289.4. 

.0108 LOST LICENSE REPLACEMEiNT 

(a) Lost vessel license decal including 
endorsement to sell and decal may be replaced 
upon payment of a fee of fifty cents ($0.50) five 
dollars ($5.00) and submission of evidence to the 
Division of Marine Fisheries that a current license 
for the vessel in que s tion has been purchased and 
is not suspended or revoked. 

(b) Lost Dealer's, Ocean Pier, and Shellfish and 
Crab and non-vessel endorsement to sell Licen s es 
licenses may be replaced upon submission of 
evidence to the Division of Marine Fisheries that 
a current license has been purchased and is not 
suspended or revoked . 

Statutory Authority G.S. 113-134; 113-152; 
143B-289.4. 

SECTION .0200 - LEASES AND 
FRANCHISES 

.0201 STANDARDS FOR SHELLFISH 

BOTTOM ANT) WATER COLUIVIN 
LEASES 

(a) All areas of the public bottoms underlying 
coastal fishing waters shall: 

(1) Meet the following standards in 

addition to the standards in G.S. 

1 13-202 in order to be deemed suitable 

for leasing for shellfish purposes: 

(A) The lease area must not contain a 

natural shellfish bed which is defined 

as ten bushels or more of shellfish per 



(B) The lease area must not be closer than 
100 feet to a developed shoreline. In 
an area bordered by undeveloped 
shoreline, no minimum setback is 
required. When the area to be leased 
borders the applicant's property or 
borders the property of riparian 
owners who have consented in a 
notarized statement, the Commission 
Secretary may reduce the distance 
from shore required by this Rule. 

(C) Unless the applicant can affirmatively 
establish a necessity' for greater 
acreage through the management plan 
that is attached to the application and 
other evidence submitted to the 
Commission Secretary , the lease area 
shall not be less than ese one-half 
acre and shall not exceed: 

(i) 10 acres for oyster culture; 
(ii) 5 acres for clam culture; or 
(iii) 5 acres for any other species. 
This Section shall not be applied to reduce any 
holdings as of July 1. 1983. 

(2) Produce and market 25 bushels of 
shellfish per acre per year to meet the 
minimum commercial production 
requirement for leased bottoms or plant 
25 bushels of cultch or seed shellfish 
per acre per year as determined by 
Division biologists to meet commercial 
production by plantin g efi'ort. Planting 
effort will be considered in lieu of 
commercial production for five 
consecutive years beginning March L, 
1994, or for the first five consecutive 
years for any lease granted after March 
1, 1994. 

(b) Water columns superjacent to leased bottoms 
shall meet the standards in G.S. 113-202.1 in 
order to be deemed suitable for leasing for 
aquaculture purposes. 

(c) Water columns superjacent to duly 
recognized perpetual franchises shall meet the 
standards in G.S. 1 13-202.2 in order to be deemed 
suitable for leasing for aquaculture purposes. 

(d) Water column leases must produce and 
market 1(X) bushels of shellfish per acre per year 
to meet the minimum commercial production 
requirement or plant 100 bushels of cultch or seed 
shellfish per acre per year as determined by 
Division biologists to meet commercial production 
by planting effort . Planting eff'ort will be 
considered in lieu of commercial production for 



1590 



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December 1, 1993 



PROPOSED RULES 



five consecutive years beginning March \^ 1994, 
or for the first five consecutive years for any lease 
granted after March L, 1994. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 113-202.1; 113-202.2; 143B-289.4. 

.0203 SHELLFISH LEASE APPLICATION 
PROCESSING 

(a) Upon acceptance of a completed application, 
the proposed lease area will be inspected within a 
reasonable time by agents of the Division. 
Proposed lease areas inconsistent with applicable 
standards contained or referenced in 15A NCAC 
30 .0201 will result in the return of applications 
for amendment to remove the inconsistencies. If 
the boundaries of the proposed lease area are 
modified, the stakes identifying such areas shall be 
relocated accordingly by the applicant. The failure 
of applicants to amend applications or modify lease 
area identification, when required, will result in 
denial of such applications. 

(b) If the initial or amended lease application is 
deemed consistent with all applicable requirements, 
the Secretary or his designee shall notify the 
applicant and publish notices of intention to lease 
in accordance with standards in G.S. 113-202(f). 

(c) The Marine Fisheries Commission Secretary 
will consider the lease application, the Division's 
proposed lease area analysis, and public 
comments, and may in its discretion lease or 
decline to lease the proposed lease area or any part 
thereof. Special conditions may be imposed so 
that leases may be issued which would otherwise 
be denied. Should an applicant decide not to 
accept any special condition imposed on the lease 
by the Commission Secretary , the application shall 
be considered denied. 

(d) Upon approval of leases by the Commission 
Secretary , applicants shall mark the shellfish 
bottom leases in accordance with 15A NCAC 30 
.0204(a)(1), water column leases in accordance 
with 15A NCAC 30 .0204(a)(2), and shall within 
90 days submit to the Division acceptable surveys 
of the areas approved for leasing except that a 
water column lease which entirely covers a 
shellfish bottom lease or franchise with an 
accepted survey on file does not require another 
survey. Such surveys will be made at the expense 
of applicants and must meet the following 
standards : 

( 1 ) Surveys and maps shall meet all the 
requirements of 21 NCAC 56 .1600, 
Standards of Practice for Land 
Surveying in North Carolina. 



(2) 



Maps shall bear the certificate: 

"I certify 

that this map was (drawn by me) 
(drawn under my supervision) from (an 
actual survey made by me) (an actual 
survey made under my supervision); 
that the error of closure as calculated 
by latitudes and departures is 1 : 

, that the area is 

acres. Witness my hand 

and sea! this day of 

AD 



Surveyor or Engineer 

(3) The phrase "other appropriate natural 
monuments or landmarks" in 21 NCAC 
56 .1604(e)(9) shall include bridges, 
roads, highways, intersections, publicly 
maintained aids to navigation, houses 
and other permanent buildings, radio, 
telephone, TV, and water towers; 
docks; piers, and bulkheads; but does 
not include stakes marking the 
boundaries of adjoining leases, points 
of marsh, junctions of streams, or other 
landmarks which are particularly 
subject to change through natural 
processes, storms, or the effect of man. 

(4) A written description of the survey 
suitable for official documents shall be 
provided with the survey. 

(e) Proposed shellfish bottom lease areas remain 
public bottom until a formal lease has been 
executed by the Secretary. 

(f) Proposed water column lease areas 
superjacent to shellfish bottom leases and 
recognized perpetual franchises remain public 
water until a formal lease has been executed by the 
Secretary. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 113-202; 113-202.1; 113-202.2; 
143B-289.4. 

.0204 MARKING SHELLFISH LEASES 
AND FRANCHISES 

(a) All shellfish bottom leases, franchises, and 

water column leases shall be marked as follows: 

(1) Shellfish bottom leases and franchises 

shall be marked by: 

(A) Stakes of wood or plastic material at 

least three inches in diameter at the 

water level and extending at least four 

feet above the high water mark. The 

stakes shall be firmly jetted or driven 



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December I, 1993 



1591 



PROPOSED RULES 



into the bottom at each corner. 

(B) Signs displaying the number of the 
lease or franchise and the name of the 
owner printed in letters at least three 
inches high must be firmly attached to 
each corner stake. 

(C) Supplementary stakes of wood or 
plastic material, not farther apart than 
50 yards or closer together than 50 
feet and extending at least four feet 
above the high water mark, must be 
placed along each boundary, except 
when such would interfere with the 
use of traditional navigation channels. 

(2) Water column leases shall be marked 
by anchoring two yellow buoys, 
meeting the material and minimum size 
requirements specified in 15A NCAC 
3J .0103(fl b) at each comer of the area 
or by other means as identified and 
approved by the Marine — Fisheries 
Commi ss ion Secretary in the 
Management Plan. 

(b) Stakes marking areas of management within 
shellfish bottom leases or franchises, as approved 
in the management plan, must conform to 
Subparagraph (a)(1)(C) of this Rule and may not 
exceed one for each 1,200 square feet. Marking 
at concentrations of stakes greater than one for 
each 1,200 square feet constitutes use of the water 
column and a water column lease is required in 
accordance with G.S. 113-202.1 or G.S. 
113-202.2. 

(c) All areas claimed in filings made pursuant to 
G.S. 113-205 as deeded bottoms through oyster 
grants issued by the county clerk of court or as 
private bottoms through perpetual franchises issued 
by the Shellfish Commission shall be marked in 
accordance with Paragraph (a) of this Rule, except 
the sign shall include the number of the franchise 
rather than the number of the lease. However, 
claimed areas not being managed and cultivated 
shall not be marked. 

(d) It is unlawful to fail to remove all stakes, 
signs, and markci's within 30 days of receipt of 
notice from the Secretary pursuant to Departmental 
Rule 15A NCAC IH .0207 that a G.S. 113-205 
claim to a marked area has been denied. 

(e) It is unlawful to exclude or attempt to 
exclude the public from allowable public trust use 
of navigable waters on shellfish leases and 
franchises including, but not limited to, fishing, 
hunting, swimming, wading and navigation. 

(f) The Division has no duty to protect any 
shellfish bottom lease, franchise, or water column 



lease not marked in accordance with Paragraph (a) 
of this Rule. 

Statutory Authority G.S. 76-40; 113-134: 113-182; 
113-201; 113-202; 113-202.1; 113-202.2; 
113-205; 143B-289.4. 

.0205 LEASE RENEWAL 

(a) Lease renewal applications will be provided 
to lessees as follows: 

(1) For shellfish bottom leases, renewal 
applications will be provided in January 
of the year of expiration. 

(2) For water column leases, renewal 
applications will be provided at least 90 
days prior to expiration dates. 

(b) Lease renewal applications shall be 
accompanied by management plans meeting the 
requirements of 15A NCAC 30 .0202(b). A filing 
fee of fifty dollars ($50.00) shall accompany each 
renewal application for shellfish bottom leases. 

(c) A survey for renewal leases will be required 
at the applicant's expense when the Division 
determines that the area leased to the renewal 
applicant is inconsistent with the survey on file. 

(d) When it is determined, after due notice to 
the lessee, and after opportunity for the lessee to 
be heard, that the lessee has not complied with the 
requirements of this Section or that the lease as 
issued is inconsistent with this Section, the 
Secretary may decline to renew, at the end of the 
current terms, any shellfish bottom or water 
column lease. The lessee may appeal the 
Secretary's decision te — (he — Marine — Fisheries 
Commission — pursuant — te — StS^ — 1 13 202(p) by 
initiating a contested case as outlined in 15A 
NCAC 3P .0002 . 

(e) Pursuant to G.S. 1 13-202(a)(6), the 
Secretary is not authorized to recommend approval 
of renewal of a shellfish lease in an area closed to 
shellfishing by reason of pollution. Shellfish 
leases partially closed due to pollution must be 
amended to exclude the area closed to shellfishing 
prior to renewal. For the purposes of this 
Paragraph, an area will be considered closed to 
shellfishing by reason of pollution when the area 
has been classified as prohibited or has been closed 
for four or more consecutive years prior to 
renewal upon recommendation by the State Health 
Director, except shellfish leases in areas which 
have been closed for four or more years and 
continue to meet established production 
requirements by sale of shellfish through relay 
periods or other recognized means shall not be 
considered closed due to pollution for renewal 



1592 



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PROPOSED RULES 



purposes. 

(f) If the Secretary declines to renew a lease that 
has been determined to be inconsistent with the 
standards of this Section, the Secretary, with the 
agreement of the lessee, may issue a renewal lease 
for all or part of the area previously leased to the 
lessee that contains conditions necessary to 
conform the renewal lease to the minimum 
requirements of this Section for new leases. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 113-202.1; 113-202.2; 143B-289.4. 

.0206 LEASE PROTEST 

(a) Should any person object to the granting of 
any initial or renewal lease, he has the right to 
protest its issuance prior to the granting of the 
lease by the Commi ss ion Secretary . The 
protestant may file a sworn statement of protest 
with the Division stating the grounds for protest. 
The Secretary will notify both the prospective 
lessee and the protestant upon receipt of a protest, 
and will conduct such investigation as he deems 
necessary, and will notify both parties of the 
outcome of his investigation. Protestants or 
applicants receiving an adverse recommendation on 
the lease application from the Secretary may 
request in writing within 20 days notice of such 
action an administrative hearing before the Marine 
Fi s heries Commission as outlined in 15A NCAC 
3P .0002 . 

(b) Any member of the public shall be allowed 
an opportunity to comment on any lease 
application during the public hearing at which the 
lease application is being considered by the 
Secretary. 

Statutory Authority G.S. 113-134; 113-201; 
113-202; 143B-289.4. 

.0208 CANCELLATION 

(a) In addition to the grounds established by 
G.S. 113-202, the Secretary will begin action to 
terminate leases and franchises for failure to 
produce and market oy s ters or clams shellfish or 
for failure to maintain a planting effort of cultch or 
seed shellfish at the following mte rates : 

(1) For shellfish bottom leases and 
franchises, 25 bushels per acre per 
year. 

(2) For water column leases, 100 bushels 
per acre per year. 

These production and marketing rates will be 
averaged over the most recent three-year period 
after January 1 following the second anniversary of 



initial bottom leases and recognized franchises and 
throughout the terms of renewal leases. For water 
column leases, these production and marketing 
rates will be averaged over the first five year 
period for initial leases and over the most recent 
three year period thereafter. 

(b) Action to terminate a shellfish franchise shall 
begin when there is reason to believe that the 
patentee, or those claiming under him, have done 
or omitted an act in violation of the terms and 
conditions on which the letters patent were 
granted, or have by any other means forfeited the 
interest acquired under the same. The Division 
shall investigate all such rights issued in perpetuity 
to determine whether the Secretary should request 
that the Attorney General initiate an action 
pursuant to G.S. 146-63 to vacate or annul the 
letters patent granted by the state. 

(c) Action to terminate a shellfish lease or 
franchise shall begin when the Fisheries Director 
has cause to believe the holder of private shellfish 
rights has encroached or usurped the legal rights of 
the public to access public trust resources in 
navigable waters. 

(d) In the event action to terminate a lease is 
begun, the owner shall be notified by registered 
mail and given a period of 30 days in which to 
correct the situation. Petitions to review the 
Secretary's decision must be filed with the Office 
of Administrative Hearings consistent with the 
provisions of 26 NCAC Chapter 3 as outlined in 
15A NCAC 3P .0002 . 

(e) The Secretary's decision to terminate a lease 
may be appealed te — the — Marine — Fisheries 
Commission by the owner as provided in G.S. 
1 13 202 (p) by initiating a contested case as 
outlined in I5A NCAC 3P .0002 . 

Statutory' Authority G.S 113-134; 113-201; 
113-202; 113-202.1; 113-202.2; 143B-289.4. 

.0209 TRANSFER OF INTEREST 

(a) Within 30 days after transfer of ownership of 
all or any portion of interest in a shellfish lease or 
franchise, the new owner shall notify the Division, 
and provide the number of the lease or franchise 
and the county in which it is located. Such 
notification shall be accompanied by a management 
plan prepared by the new owner in accordance 
with 15 A NCAC 30 .0202(b). 

(b) If the new owner obtains a portion of an 
existing shellfish bottom lease or franchise, it shall 
not contain less than one one-half acre and the 
required notification to the Division shall be 
accompanied by a survey prepared in accordance 



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December 1, 1993 



1593 



PROPOSED RULES 



with the standards in 15A NCAC 30 .0203(d). 

(c) Water column leases are not transferrable 
except when the Commission Secretary approves 
such transfer in accordance with G.S. 1 13-202. 1(f) 
and G.S. 1 13-202. 2(f). 

(d) In the event the transferee involved in a 
lease is a nonresident, the Secretary must initiate 
termination proceedings. 



Statutory Authority 
113-201; 113-202; 
113-205; 143B-289.4. 



G.S. 113-134; 113-182; 
113-202.1; 113-202.2; 



SUBCHAPTER 3R - DESCRIPTIVE 
BOUNDARIES 

.0002 MILITARY PROHIBITED AND 
RESTRICTED AREAS 

fa) Designated military prohibited and restricted 
areas referenced in 15A NCAC 31 .0010(b) and 
used for military training purposes are located as 
follows: 

(1) Currituck Sound: 

(aA) North Landing River; and 

(bB) Northern part of Currituck Sound (See 
33 CFR 334.410 (a) (1) and (a) (2); 
Contact Commander Fleet Air Nor- 
folk); 

(2) Albemarle Sound: 

(aA) Along north shore at the easternmost tip 
of Harvey Point (See 33 CFR 334.410 
(b) (I) and (b) (2); Contact Commander 
Fleet Air Norfolk); and 

(bB) Along south shore of Albemarle Sound 
(See 33 CFR 334.410 (b) (1) and (b) 
(2); Contact Commander Fleet Air 
Norfolk); 

(3) Pamlico Sound: 

(aA) In the vicinity of Long Shoal (See 33 
CFR 334.410 (c); Contact Commander 
Fleet Air Norfolk); 

(bB) In the vicinity of Brant Island (See 33 
CFR 334.420 (a) (1); Contact Com- 
mander Marine Corp Air Bases, East, 
Cherry Point); and 

(cG) In the vicinity of Piney Island including 
waters of Rattan Bay, Cedar Bay and 
Tumagain Bay (See 33 CFR 334.420 
(b); Contact Commander Marine Corps 
Air Bases, East, Cherry Point); 

(4) Neuse River and tributaries, that portion 
of Neuse River within 500 feet of the 
shore along the reservation of the Marine 
Corps Air Station, Cherry Point, North 
Carolina, extending from the mouth of 



Hancock Creek to a point approximately 
&^QQQ 6,800 feet west of the mouth of 
Slocum Creek, and all waters of Hancock 
and Slocum Creeks and their tributaries 
within the boundaries of the reservations 
(See 33 CFR 334.430 (a); contact Com- 
manding General, United States Marine 
Corps Air Station, Cherry Point); 

(5) Atlantic Ocean: 

(aA) In the vicinity of Bear Inlet; and 
(bB) East of New River Inlet (See 33 CFR 
334.440 (a) and (d); Contact Command- 
ing General, Marine Corps Base, Camp 
Lejeune); 

(6) Brown's Inlet area between Bear Creek, 
Onslow Beach Bridge and the Atlantic 
Ocean (See 33 CFR 334.440 (e); Contact 
Commanding General, Marine Corps 
Base, Camp Lejeune); 

(7) New River within eight sections: 
(aA) Trap Bay Sector, 

(bB) Courthouse Bay Sector, 

(c€) Stone Bay Sector, 

(d©) Stone Creek Sector, 

(eE) Grey Point Sector, 

(ff) Fame!! Bay Sector, 

(gG) Morgan Bay Sector, and 

(hH) Jacksonville Sector (See 33 CFR 
334.440(a); Contact Commanding 
General, Marine Corps Base, Camp 
Lejeune); 

(8) Cape Fear River due west of the main 
ship channel extending from U.S. Coast 
Guard Buoy No. 31 A at the north ap- 
proach channel to Sunny Point Terminal 
to U.S. Coast Guard Buoy No. 23A at 
the south approach channel to Sunny 
Point Army Terminal and all waters of its 
tributaries therein (See 33 CFR 334.450 
(a); Contact Commander, Sunny Point 
Area Terminal, Southport). 

fb) — The areas included in the advisory against 
the use of fixed fishing gear at the Piney Island 
range, as referenced in I5A NCAC 31 .0010(d) i s 
Rattan Bay southeast of a line beginning at a point 

35° 02' 4 1" N 76° 29' 00" W, running 027° 

(M) to a point 35° 03' 28" N — 76° 2 8 ' 4 2" W. 
and including all of Rattan Bay which i s within the 
Piney Island military range in southern Pamlico 
Sound. 

Statutory Authority G.S 113-134; 113-181; 
113-182; 143B-289.4. 

.0004 PERMANENT SECONDARY 



1594 



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December 1, 1993 



PROPOSED RULES 



I 



^ 



I 



NURSERY AREAS 

The permanent secondary nursery areas refer- 
enced in 15A NCAC 3N .0005(a) and (c) are 
delineated in the following coastal water areas: 

(1) In the Pamlico Sound Area: 

(a) Long Shoal River - north of a line 
beginning at a point on Pains Point 35° 
35' 07" N - 75° 51' 25" W, running 
282° (M) to a point on the west shore 
at the 5th Avenue Canal 35° 35' 12" N 
- 75° 53' 16" W; 

(b) Pains Bay - east of a line beginning at 
a point on the south shore 35° 34' 28" 
N - 75° 50' 58" W, running 350° (M) 
to a point on the north shore 35° 35' 
04" N - 75° 51' 12" W; 

(c) Wysocking Bay - north and west of a 
line beginning at Benson Point 35° 22' 
58" N - 76° 03' 39" W, running 058° 
(M) to Long Point 35° 24' 37" N - 76° 
01' 19" W; 

(d) Juniper Bay-Cunning Harbor - north of 
a line beginning at a point on the west 
shore of Juniper Bay 35° 20' 34" N - 
76° 15' 28" W, running 105° (M) 
through Juniper Bay Point to a point on 
the east shore of Cunning Harbor 35° 
20' 15" N - 76° 12' 23" W; 

(e) Swanquarter Bay - north of a line be- 
ginning at a point at The Narrows 35° 
20' 54" N - 76° 20' 38" W, running 
080° (M) to a point on the east shore 
35° 21' 31" N - 76° 18' 22" W; 

(f) Deep Cove-The Narrows - north and 
east of a line beginning at a point on 
the west shore 35° 20' 54" N - 76° 23' 
52" W, running 122° (M) to a point on 
the east shore 35° 20' 34" N - 76° 22' 
57" W, and west of a line at The Nar- 
rows beginning at a point on the north 
shore 35° 20' 54" N - 76° 20' 38" W, 
running 175° (M) to a point on the 
south shore 35° 20' 44" N - 76° 20' 
35" W; 

(g) Rose Bay - north of a line beginning at 
a point on the west shore 35° 23' 17" 
N - 76° 26' 10" W, running 144° (M) 
to a point on Judith Island 35° 22' 29" 
N - 76° 25' 15" W; 

(h) Spencer Bay - west and north of a line 
beginning at a point on Willow Point 
35° 22' 22" N - 76° 27' 52" W, run- 
ning 065° (M) to a point 35° 23' 17" 
N - 76° 26' 10" W; 

(i) Able Bay - north and east of a line 



beginning at a point on the west shore 
35° 23' 36" N - 76° 31' 00" W, run- 
ning 130° (M) to a point on the east 
shore 35° 23' 00" N - 76° 29' 47" W; 
(j) Mouse Harbor - west of a line begin- 

ning at a point on the south shore 35° 
17' 13" N - 76° 28' 50" W, running 
352° (M) to a point on the north shore 
35° 18' 19" N - 76° 29' 06" W; 
(k) Big Porpoise Bay - west of a line begin- 
ning at a point on the south shore 35° 
14' 57" N - 76° 28' 50" W, running 
042° (M) to a point on the north shore 
35° 15' 41" N - 76° 28' 12" W; 
(1) Middle Bay - west of a line beginning 
at a point on the south shore 35° 13' 
33" N - 76° 29' 36" W, running 022° 
(M) to a point on the north shore 35° 
14' 45" N - 76° 29' 44" W; 
(m) Jones Bay - west of a line beginning at 
a point on Boar Point 35° 12' 22" N - 
76° 31' 16" W, running 011° (M) to a 
point on Mink Trap Point 35° 13' 27" 
N - 76° 31' 08" W; 
(n) In the Bay River Area: 

(i) Bonner Bay - south of a line begin- 
ning at a point on the west shore 35° 
09' 36" N - 76° 36' 14" W, running 
074° (M) to a point on the east shore 
35° 09' 57" N - 76° 35' 14" W; 
(ii) Gales Creek-Bear Creek (tributaries 
of Bay River) - north and west of a 
line beginning at a point on Sanders 
Point 35° W 17" N - 76° 35' 54" 
W, running 067° (M) through Beacon 
No. 27 to a point on the east shore 
35° 11' 54" N - 76° 34' 17" W; 
(2) In the Pamlico River Area: 

(a) (In the Pungo River Area): Fortescue 
Creek, east of a line beginning at a 
point on the north shore 35° 25' 55" N 
- 76° 31' 58" W; running 195° (M) to 
a point on the south shore 35° 25' 36" 
N - 76° 32' 01" W; 

(b) North Creek - north of a line beginning 
at a point on the west shore 35° 25' 
24" N - 76° 40' 04" W, running 120° 
(M) through Marker No. 4 to a point 
on the east shore 35° 25' 16" N - 76° 
40' 18" W; 

(c) In the Goose Creek area: 

(i) Campbell Creek - west of a line be- 
ginning at a point on the south shore 
35° 17' 00" N - 76° 37' 06" W, 
running 349° (M) to a point on the 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1595 



PROPOSED RULES 



west shore 35° 17' 19" N - 76° 37' 
08" W; 
(ii) Eastham Creek - east of a line 
beginning at a point on the south 
shore 35° 17' 36" N - 76° 36' 24" 
W, running 327° (M) to a point on 
the north shore 35° 17' 44" N - 76° 
36' 30" W; 
(d) Oyster Creek-Middle Prong - southwest 
of a line beginning at a point on Cedar 
Island 35° 19' 28" N - 76° 32' 14" W, 
running 135° (M) to a point on Beard 
Island Point 35° 19' 10" N - 76° 31' 
44" W; 

(3) In the Neuse River Area: 

(a) Lower Broad Creek - northwest of a 
line beginning at a point on the 
northeast shore 35° 05' 47" N - 76° 
35' 25" W, running 228° (M) to a 
point on the southwest shore 35° 05' 
34" N - 76° 35' 43" W; 

(b) Greens Creek - above Highway 1308 
Bridge; 

(c) Dawson Creek - above Highway 1302 
Bridge; 

(d) Clubfoot Creek - south of a line 
beginning at a point on the east shore 
34° 54' 29" N - 76° 45' 26" W, 
running 284° (M) to a point on the 
west shore 34° 54' 33" N - 76° 45' 
43" W; 

(e) (In the Adams Creek Area) Cedar 
Creek - east of a line beginning at a 
point on the south shore 34° 55' 52" N 
- 76° 38' 49" W, running 004° (M) to 
a point on the north shore 34° 56' 05" 
N - 76° 38' 48" W; 

(4) Virginia Creek - all waters of the natural 
channel northwest of the primary nursery 
area line; 

(5) Old Topsail Creek - all waters of the 
dredged channel northwest of the primary 
nursery area line; 

(6) Mill Creek - all waters west of a line 
beginning at a point on the south shore 
34° 24' 17" N - 77° 42' 15" W, running 
028° (M) to a point on the north shore 
34° 20' 36" N - 77° 42' 06" W; 

(7) Pages Creek - all waters west of a line 
beginning at a point on the south shore 
34° 15' 52" N - 77° 46' 18" W, running 
044° (M) to a point on the north shore 
34° 16' 09" N - 77° 46' 01" W; 

(8) Bradley Creek - all waters west of a line 
beginning on the south shore 34° 12' 23" 



19] 



N - 77° 49' 14" W, running 021 ° (M) to 
a point on the north shore 34° 12' 38" N 
- 77° 49' 09" Wt i 

Davis Creek, all waters east of a line 
beginning at a point on Oak Island 33° 
54! 5r N ; TT IT 49:: W, running 
010° (M) to a point on Horse Island 33° 
54:5r:N;78:i2:4rWand Davis 
Canal, all waters southeast of a line 
beginning at a point on a spoil island at 
the southwest intersection of the ICWW 
and Davis Canal 33 ' 



55' 23" N- 78° U' 
060° (M) across the 

Canal to a point on 

Pinner Point 33° 55' 26" N - 78° 11' 
38" W. 



39" W, running 
mouth of Davis 



Statutory Authority G. S. 
143B-289.4. 



113-134; 113-182; 



.0005 SPECIAL SECONDARY NURSERY 
AREAS 

The special secondary nursery areas referenced 
in 15A NCAC 3N .0005 (b) and (c) are delineated 
in the following coastal water areas: 
(1) In the Pamlico River Area. Pamlico 
River, west of a line beginning at a point 
on Mauls Point 35° 26' 56" N - 76° 55' 
33" W; running 073° (M) to a point on 
Ragged Point 35° 27' 33" N - 76° 54' 
21" W: 
(a) Pungo River: 

(i) Pungo Creek, west of a line beginning 
at a point on Persimmon Tree Point 
35° 31' 06" N - 76° 37' 49" W; 
running 241° (M) to a point on 
Windmill Point 35° 30' 48" N - 76° 
38' 18" W; 
(ii) Pungo River, north of a line 
beginning at a point on the east shore 
35° 32' 05" N - 76° 28' 09" W; 
running 277° (M) through Beacon 
No. 21 to a point on the west shore 
35° 32' 12" N - 76° 29' 15" W; 
(iii) Scranton Creek, south and east of a 
line beginning at a point on the west 
shore 35° 30' 37" N - 76° 28' 36" 
W; running 085° (M) to a point on 
the east shore 35° 30' 39" N - 76° 
28' 12" W; 
(iv) Slade Creek, east of a line beginning 
at a point on the south shore 35° 27' 
39" N - 76° 32' 46" W; running 
328° (M) to a point on the north 
shore 35° 27' 52" N - 76° 33' 00" 



1596 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



I 



> 



I 



W; 

(b) South Creek, west of a line beginning 
at a point on Hickory Point 35° 21 ' 44" 
N - 76° 41' 37" W; running 195° (M) 
to a point on Fork Point 35° 20' 44" N 
- 76° 41' 48" W; 

(c) Bond Creek/Muddy Creek, south of a 
line beginning at a point on Fork Point 
35° 20' 44" N - 76° 41' 48" W; 
running 135° (M) to a point on Gum 
Point 35° 20' 32" N - 76° 41' 30" W; 

(2) In the Neuse River Area: 

(a) Goose Creek, north and east of a line 
beginning at a point on the south shore 
35° 02' 08" N - 76° 56' 02" W; 
running 331° (M) to a point on the 
north shore 35° 02' 37" N - 76° 56' 
27" W; 

(b) Upper Broad Creek, northeast of a line 
beginning at a point on the north shore 
35° 03' 26" N - 76° 
running 153° (M) to a 
south shore 35° 02' 56" 
49" W; 

(3) In the West Bay Area: 

(a) West Thorofere Bay - south of a line 
beginning at a point on the west shore 
34° 57' 22" N - 76° 24' 03" W, 
running 090° (M) through FL R 
"lOWB" to a point on the east shore 
34° 57' 28" N - 76° 23' 06" W; 

(b) Long Bay-Ditch Bay - west of a line 
beginning at a point 34° 57' 52" N - 
76° 26' 37" W, running southwest 
226° (M) to a point 34° 57' 13" N - 
76° 27' 13" W, thence south of a line 
running southeast 134° (M) to a point 
34° 56' 46" N - 76° 26' 26" W; 

(c) Tumagain Bay - south of a line 
beginning at a point on the west shore 
at 34° 59' 23" N - 76° 30' 11"; thence 
running 084° (M) to a point on the east 
shore at 34° 59' 33" N - 76° 29' 23" 
W; 

(4) In the Core Sound Area: 

(a) Cedar Island Bay - northwest of a line 
beginning at a point near the telephone 
tower 34° 57' 49" N - 76° 16' 58" W, 
running 049° (M) to a point at the gun 
club or "clubhouse" dock 34° 58' 43" 
N - 76° 16' 00" W; 

(b) Thorofare Bay-Barry Bay - northwest of 
a line beginning at a point on Hall 
Point 34° 54' 25" N - 76° 19' 09" W, 
running 046° (M) to a point at Rumley 



57' 


14" W; 


(5) 


poir 


It on the 


(a) 


N - 


76° 56' 





Hammock 34° 55' 27" N - 76° 18' 13" 
W; 

(c) Nelson Bay - northwest of a line begin- 
ning at a point on the west shore of 
Nelson Bay 34° 51' 08" N - 76° 24' 
36" W, and running 062° (M) through 
Beacon No. 1 in Nelson Bay to a point 
on Drum Point 34° 51' 36" N - 76° 
23' 48" W; 

(d) Brett Bay - all waters north of a line 
beginning at Piney Point 34° 49' 32" N 

- 76° 25' 06" W; running 258° (M) to 
a point on the west shore 34° 49' 23" 
N - 76° 26' 02" W; 

(e) Jarrett Bay - north of a line beginning 
at a point east of Davis Island 34° 45' 
46" N - 76° 28' 45" W, and running 
266° (M) to a point on the west shore 
(site of Old Chimney) 34° 45' 31" N - 
76° 30' 04" W; 

In the North River area: 
North River - north of a line beginning 
at a point on the west shore at the 
oyster house 34° 46' 28" N - 76° 37' 
07" W, running 096° (M) to a point on 
the east shore 34° 46' 30" N - 76° 35' 
47" W; 
(b) Ward Creek - east of a line beginning 
on the north shore 34° 46' 13" N - 76° 
34' 58" W, running 182° (M) to a 
point on the south shore 35° 45' 34" N 

- 76° 35' 00" W; 

(6) Newport River - west of a line beginning 
at Penn Point at 34° 45' 44" N - 76° 43' 
35" W; thence running 022° (M) to a 
point on the north shore at 34° 46' 47" 
N - 76° 43' 15" W; 

(7) New River upstream of the N.C. High- 
way 172 Bridge; 

(8) Intracoastal Waterway ^ all waters in the 
Intracoastal Waterway maintained chan- 
nel from Marker No. 17 north of Alliga- 
tor Bay to Marker No. 49 at Morris 
Landing and all waters in the Intracoastal 
Waterway maintained channel and 100 
feet on either side from Marker No. 49 
to the N.C. Highway 50-210 Bridge at 
Surf City; 

(79) Cape Fear River - beginning at a point 
on the south side of the Spoil Island at 
the intersection of the ICWW and the 
Cape Fear River ship channel 34° 01' 
37" N - 77° 56' 05" W, running 106° 
(M) to a point on the east shore of the 
Cape Fear River 34° 01' 32" N - 77° 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1597 



PROPOSED RULES 



(810) 



(9ii) 



55' 00" W, running south and bounded 
by the shoreline to a point near the Ferry 
Slip at Federal Point 33° 57' 52" N - 
77° 56' 28" W, running 353° (M) north 
to a point on Bird Island 33° 58' 24" N 
- 77° 56' 36" W, running 013° (M) back 
to point of origin; 

Lockwood Folly River - beginning at a 
point on Howells Point 33° 55' 21" N - 
78° 12' 47" W and running in a westerly 
direction along the ICWW to a point near 
ICWW Marker No. 46 33° 55' 18" N - 
78° 13' 54" W; 

all waters north of a 
a point on the west 

N - 78° 22' 54" W, 
running 062° (M) to a point on the east 
shore 33° 54' 38" N - 78° 22' 49" W. 



Saucepan Creek 
line beginning at 
shore 33° 54' 36" 



Statutory Authority 
143B-289.4. 



G.S. 113-134: 113-182; 



.0006 TRAWL NETS PROfflBITED 

It is unlawful to use trawl nets^ 

(1) ift In that area south of Shackleford 
Banks which is east of a line which 
begins at the navigation aid (buoy or 
beacon) at the westward end of the Cape 
Lookout westernmost jetty and running 
thence N 06° 45" E degrees (M) to the 
Markers' Island water tower; The 
excluded area includes all of Cape 
Lookout Bight, that area west of the 
Bight but east of the line above that 
portion of Bardens Inlet which lies 
southwestward of a line which begins at 
the Cape Lookout Lighthouse and runs N 
28° 15' W degrees (M) to the southern 
end of Shackleford BanksT j 

(2) In Pamlico Sound, within the area 
bounded by a line beginning at a point on 
the north side of Swash Inlet 34° 58' 50" 
N - 76° 09' 13" W; thence running 272° 
(M) 5,420 yards to a point in Wainwright 
Channel 34° 59' 30" N - 76° 12' 22" W 
immediately east of the northern tip of 
Wainwright Island; thence 019° (M) 
2.000 yards to red 4 second interval 
flashing beacon "2CS" 35° 00' 16" N - 
76: irir Wi thence 033° (M) 2.900 
yards to 4 second interval flashing 
beacon "HL" 35° 01' 35" N - 76° 11' 
27" W; thence 043° (M) 14.450 yards to 
a point in Pamlico Sound 35° 07' 06" N 
- 76° 06' 54" W; from which point green 



4 second interval flashing beacon "3" on 
Royal Shoal bears 005° (M) 6.000 yards; 
green 6 second interval flashing beacon 
"5" on Royal Shoal bears 325° (M) 
6.220 yards; and a yellow 6 second 
interval flashing beacon on Royal Shoal 
bears 257° (M) 3.000 yards; thence 078° 
(M) 7.800 yards to green 2.5 second 
interval flashing beacon "9" 35° 08' 26" 
N ; 761 or 3(r W in Nine Foot Shoal 
Channel; thence 067° (M) 3.640 yards to 
red 4 second interval flashing beacon 
"14BF" 35° 09' 21" N - 76° 00' 39" W 
in Big Foot Slough Channel; thence 078° 
(M) 26.260 yards to a quick-flashing 
beacon 35° 14' 00" N - 75° 45' 50" W; 
southwest of Oliver Reef; thence 033° 
(M) 6.100 yards to 2^ second interval 
flashing beacon "1" 35° 16' 46" N - 75° 
44' 16" W in RoUinson Channel; thence 
079° (M) 13.920 yards to red 4 second 
interval flashing beacon "2" 35° 19' 02" 
N ; 751 36: 19^ W in Cape Channel; 
thence 038° (M) 8. 800 yards to green 4 
second interval flashing beacon "1 " at 
35I22:48:N;75I33:36:w in Avon 
Channel; thence 027° (M) 11.900 yards 
to a point on Gull Island at 35° 28' 27" 
N ; 751 3r 2r Wi thence 012° (M) 
15.400 to 4 second interval flashing 
beacon "ICC" 35° 36' 00" N - 75° 31' 
12" W at Chicamacomico Channel; 
thence 331° (M) 8.600 yards to a point 
in Pamlico Sound at 35° 39' 21" N - 75° 
34' 24" W; thence 013° (M) 7.250 yards 
to a point in Pamlico Sound at 35° 42' 
57" N - 75° 34' 09" W; thence 045° (M) 
7.200 yards to a point on the shore of 
Hatteras Island at 35° 45' 54" N - 75° 
31 ' 06" W; thence running southward 
with the shoreline of Hatteras Island to a 
point 35° 11' 30" N - 75° 44' 48" W on 
the southwest end of Hatteras Island; 
thence 269° (M) 2.380 yards across 
Hatteras Inlet to a point 35° 1 1' 18" N - 
75! 46; Ii: W on the northeast end of 
Ocracoke Island; thence southwest with 
the shoreline of Ocracoke Island to a 
point 35° 03' 54" N - 76° 00' 54" W on 
the southwest end of Ocracoke Island; 
thence 268° (M) 2.220 yards across 
Ocracoke Inlet to a point 35° 03' 42" N 
; 76° 02' 15" W on the northeast end of 
Portsmouth Island; thence running 
southwest with the shoreline of 



1598 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



I 



Portsmouth Island and Core Banks to a 
point on the north side of Swash Inlet 
34° 58' 50" N - 76° 09' 13" W. to the 
point of the beginning; 
(3) In Northern Pamlico Sound, Stumpy 
Point Bay, north of a line beginning at a 
point on Kazer Point 35° 40' 37" N - 
75: 45: 39: Wi running 079° (M) to a 
point on Drain Point 35° 40' 57" N - 
75° 44' 28" W; 
In the Pamlico River area: 
In Pamlico River, west of a line 



14} 
la] 



lb} 



15} 



^ 



£6} 

la} 



lb} 



M 



Id} 



M 



I 



beginning at a point on Maul Point 35° 

26: 56: N ; 76! 55: 3r Wi running 

073° (M) to a point on Ragged Point 

35° 27' 33" N - 76° 54' 21" W: 

In lower Goose Creek, south of a line 

beginning at a point on Fulford Point 

35° 19' 42" N - 76° 36' 39" W; 

running 308° (M") through Beacon No. 

6 to a point on the west shore 35° 20' 

00" N - 76° 37' 28" W; 

In Pungo River, north of a line beginning 

at a point on the east shore 35° 32' 05" 

N ; 761 28: 09: Wi running 277° (M) 

through Beacon No. 21 to a point on the 

west shore 35° 32' 12" N - 76° 29' 15" 

W; 

In the Bay River Area: 
Dump Creek, north of a line beginning 
at a point on the west shore 35° 1 1 ' 
38" N - 76° 33' 25" W; running 129° 
(M) to a point on the east shore 35° 11' 
21" N - 76° 32' 53" W: 
Rockhole Bay, north of a line beginning 



at a point on the west shore 35° 11' 
21" N - 76° 32' 53" W: running 123° 
(M) to a point on the east shore 35° 1 1' 
06" N - 76° 32' 12" W; 
Vandemere Creek, north of a line 
beginning at a point on the west shore 
35° ir 15" N - 76° 39' 28" W: 
running 162° (M) to a point on the east 
shore 35° 11' 05" N - 76° 39' 22" W: 
Cedar Creek, west of a line beginning 
at a point on the north shore of Cedar 
Creek 35° 11' 15" N - 76° 39' 28" W: 
running 224° (M) to a point on the 
south shore of an unnamed tributary 
35° 11' 04" N - 76° 39' 40" W: 
Chapel Creek, north of a line beginning 
at a point on the west shore of Chapel 
Creek 35° 08' 42" N - 76° 42' 50" W: 
running 091 ° (M) to a point on the east 
shore 35° 08' 44" N - 76° 42' 24" W; 



if} Upper Bay River, west of a line begin- 
ning at a point on the north shore of 
Bay River 35° 08' 39" N - 76° 43' 06" 
W; running 209° (M) to a point on the 
south shore 35° 08' 25" N - 76° 43' 
13" W; 
(7) In the Neuse River Area, Pierce Creek, 
west of a line beginning at a point on the 
southwest shore of Pierce Creek 35° 02' 
fS: N ; 76: 39: 42: Wi running 022° 
(M) to a point on the northeast shore 35° 
02' 24" N - 76° 39' 43" W: 
£8} In Tlimagain Bay - south of a line begin- 
ning at a point on the west shore at 34° 
59' 23" N - 76° 30' 11": thence running 
084° (M) to a point on the east shore at 
34° 59' 33" N - 76° 29' 23" W: 

(9) In Long Bay-Ditch Bay ; west of a line 
beginning at a point 34° 57' 52" N - 76° 
26' 37" W. running southwest 226° (M) 
to a point 34° 57' 13" N - 76° 27' 13" 
W, thence south of a line running south- 
east 134° (M) to a point 34° 56' 46" N 

- 76° 26' 26" W: 

(10) In West Thorofare Bay ; south of a line 
beginning at a point on the west shore 
34° 57' 22" N - 76° 24' 03" W, running 
090° (M) through FL R "lOWB" to a 
point on the east shore 34° 57' 28" N ; 
76° 23' 06" W: 

(11) In Cedar Island Bay - northwest of a line 
beginning at a point near the telephone 
tower 34° 57' 49" N - 76° 16' 58" W, 
running 049° (M) to a point at the gun 
club or "clubhouse" dock 34° 58' 43" N 

- 76° 16' 00" W: 

(12) In Thorofare Bay -Barry Bay ; northwest 
of a line beginning at a point on Hall 
Point 34° 54' 25" N - 76° 19' 09" W. 
running 046° (M) to a point at Rumley 
Hammock 34° 55' 27" N - 76° 18' 13" 
Wi 

(13) In Nelson Bay ; northwest of a line be- 
ginning at a point on the west shore of 
Nelson Bay 34° 51' 08" N - 76° 24' 36" 
W. and running 062° (M) through Bea- 
con No. 1 in Nelson Bay to a point on 
Drum Point 34° 51' 36" N - 76° 23' 48" 
Wi 

(14) In Brett Bay ^ all waters north of a line 
beginning at Piney Point 34° 49' 32" N 

- 76° 25' 06" W: running 258° (M) to a 
point on the west shore 34° 49' 23" N ^ 
76° 26' 02" W; 

(15) In Jarrett Bay - north of a line beginning 



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December 1, 1993 



1599 



PROPOSED RULES 



at a point east of Davis Island 34° 45' 
46: N ; 761 28: 45:. W, and running 
266° (M) to a point on the west shore 
(site of Old Chimney) 34° 45' 31" N - 
76° 30' 04" W; 

(16) In the North River area: 

(a) North River ; north of a line beginning 
at a point on the west shore at the 
oyster house 34° 46' 28" N - 76° 37' 
07" W, running 096° (M) to a point on 
the east shore 34° 46' 30" N - 76° 35' 
47" W; 

(b) Ward Creek ; east of a line beginning 
on the north shore 34° 46' 13" N - 76° 
34! 58: W, running 182° (M) to a 
point on the south shore 35° 45' 34" N 
- 76° 35' 00" W; 

(17) In Newport River ; west of a line begin- 
ning at Penn Point at 34° 45' 44" N - 
76° 43' 35" W; thence running 022° (M) 
to a point on the north shore at 34° 46' 
47" N - 76° 43' 15" W. 

Statutory- Authority^ G.S. 113-134; 113-182; 
143B-289.4. 

.0007 DESIGNATED POT AREAS 

ia] As referenced in 15A NCAC 3J .0301, it is 
unlawful to use pots north and east of the Highway 
58 Bridge at Emerald Isle from May 1 through 
October 31, except in areas described below: 

(1) In Albemarle Sound and tributaries. 

(2) In Roanoke Sound and tributaries. 

(3) In Croatan Sound and tributaries. 

(4) In Pamlico Sound and tributaries, ex- 
cept the following areas and areas 
further described in Paragraphs (5), (6), 
and (7) of this Rule: 

(aA) In Wysocking Bay: 

(i) Bound by a line beginning at a 
point on the south shore of Lone 
Tree Creek 35° 25' 05" N - 76° 
02' 05" W running 239° (M) 
1000 yards to a point 35° 24' 46" 
N - 76° 02' 32" W; thence 336° 
(M) 2200 yards to a point 35° 25' 
42" N - 76° 03' 16" W; thence 
062° (M) 750 yards to a point on 
shore 35° 25' 54" N - 76° 02' 
54" W; thence following the 
shoreline and the Lone Tree 
Creek primary nursery area line 
to the beginning point: 

(ii) Bound by a line beginning at a 
point on the south shore of Mt. 



Pleasant Bay 35° 23' 07" N - 76° 
04' 12" W running 083° (M) 
1200 yards to a point 35° 23' 17" 
N - 76° 03' 32" W; thence 023° 
(M) 2400 yards to a point 35° 24' 
27" N - 76° 03' 12" W; thence 
299° (M) 1100 yards to a point 
on shore 35° 24' 38" N - 76° 04' 
48" W; thence following the 
shoreline and the Browns Island 
and Mt. Pleasant Bay primary 
nursery area line to the beginning 
point; except pots may be set no 
more than 50 yards from the 
shoreline. 
(feB) In Juniper Bay bound by a line begin- 
ning at a point on Juniper Bay Point 
35° 20' 18" N - 76° 13' 22" W 
running 275° (M) 2300 yards to a 
point 35° 20' 15" N - 76° 14' 45" 
W; thence 007° (M) 2100 yards to 
Daymarker No. 3; thence 040° (M) 
1100 yards to a point on shore 35° 
21' 45" N - 76° 14' 24" W; thence 
following the shoreline and the Buck 
Creek and the Laurel Creek primary 
nursery area line to the beginning 
point. 
(eC) In Swanquarter Bay, bound by a line 
beginning at a point on the north 
shore of Caffee Bay 35° 21' 57" N - 
76° 17' 44" W; running 191° (M) 
800 yards to a point on the south 
shore 35° 21' 35" N - 76° 17' 45" 
W; thence following the shoreline to 
a point on shore 35° 21' 37" N - 76° 
18' 22" W; thence running 247° (M) 
1300 yards to a point 35° 21' 17" N 

- 76° 19' 03" W; thence 340° (M) 
1350 yards to a point 35° 21' 51" N 

- 76° 19' 27" W; thence 081° (M) 
1150 yards to a point on the north 
shore 35° 22' 02" N - 76° 18' 48" 
W; thence following the shoreline and 
the primary nursery area line to the 
beginning point. 

(dD) In Deep Cove east of a line beginning 
at a point on the south shore 35° 20' 
33" N - 76° 22' 57" W, running 
021 ° (M) 1800 yards to a point on the 
north shore 35° 21' 55" N - 76° 22' 
43" W and west of a line beginning at 
a point on the south shore 35° 20' 
44" N - 76° 22' 05" W running 003° 
(M) 1400 yards to a point on the 



1600 



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December 1, 1993 



PROPOSED RULES 



north shore 35° 21' 26" N - 76° 22' 
1 1 " W. 

(eE) Off Striking Bay bound by a line 
beginning at a point on the west shore 
of Striking Bay 35° 23' 20" N - 76° 
26' 59" W running 190° (M) 1900 
yards to a point 35° 22' 23" N - 76° 
27' 00" W; thence 097° (M) 900 
yards to Beacon No. 2; thence 127° 
(M) 1600 yards to a point 35° 21' 
55" N - 76° 25' 43" W; thence fol- 
lowing the shoreline to a point 35° 
22' 30" N - 76° 25' 14" W; thence 
322° (M) 2200 yards to a point 35° 
23' 17" N - 76° 26' 10" W; thence 
following the shoreline to a point 35° 
23' 19" N - 76° 26' 24" W; thence 
335° (M) 900 yards to a point 35° 
23' 40" N - 76° 26' 43" W; thence 
059° (M) 500 yards to a point 35° 
23' 30" N - 76° 26' 58" W; thence 
following the shoreline to the begin- 
ning point. 

(fF) In Rose Bay bound by a line begin- 
ning at a point southwest of Swan 
Point 35° 23' 56" N - 76° 23' 39" W 
running 288° (M) 1500 yards to a 
point on shore 35° 24' 03" N - 76° 
24' 33" W; thence 162° (M) 1650 
yards to a point 35° 23' 19" N - 76° 
24' 04" W; thence 084° (M) 1350 
yards to a point on shore 35° 23' 29" 
N - 76° 23' 17" W; thence following 
the shoreline to the beginning point. 

(gG) In Spencer Bay bound by a line begin- 
ning at a point on shore at Willow 
Point 35° 22' 26" N - 76° 28' 00" W 
running 059° (M) 1700 yards to a 
point 35° 22' 57" N - 76° 27' 13" 
W; thence 317° (M) 1500 yards to a 
point 35° 23' 25" N - 76° 27' 57" 
W; thence 243° (M) 1300 yards to a 
point on shore 35° 23' 02" N - 76° 
28' 35" W; thence following the 
shoreline and the unnamed primary 
nursery area line to the beginning 
point. 

(hH) In Big Porpoise Bay bound by a line 
beginning at a point on shore 35° 15' 
58" N - 76° 29' 10" W running 182° 
(M) 750 yards to Sage Point 35° 15' 
36" N - 76° 29' 06" W; thence 116° 
(M) 850 yards to a point 35° 15' 28" 
N - 76° 28' 36" W; thence 023° (M) 
700 yards to a point on shore 35° 15' 



48" N - 76° 28' 30" W; thence fol- 
lowing the shoreline to the beginning 
point. 

(il) In Middle Bay bound by a line begin- 
ning at Middle Bay Point 35° 14' 53" 
N - 76° 28' 41" W; running 210° 
(M) 3650 yards to Sow Island Point 
35° 13' 09" N - 76° 29' 28" W; 
thence following the shoreline of 
Middle Bay to Big Fishing Point 35° 
14' 05" N - 76° 29' 52" W; thence 
008° (M) 1 100 yards to a point on the 
north shore 35° 14' 31" N - 76° 29' 
52" W; thence following the shoreline 
to the point of beginning. 

(jj) In Jones Bay bound by a line begin- 
ning at a point on Sow Island Point 
35° 13' 09" N - 76° 29' 28" W 
running 204° (M) 2600 yards to 
Green Flasher No. 5; thence 322° 
(M) 2450 yards to a point 35° 12' 
48" N - 76° 30' 58" W; thence 217° 
(M) 1200 yards to a point on shore 
35° 12' 20" N - 76° 31' 16" W; 
thence 284° (M) 740 yards to a point 
on shore 35° 12' 26" N - 76° 31' 46" 
W; thence following the shoreline to 
a point 35° 12' 36" N - 76° 32' 01" 
W; thence 051° (M) 600 yards to a 
point 35° 12' 52" N - 76° 31' 45" 
W; thence parallel with the shoreline 
no more than 600 yards from shore to 
a point 35° 13' 11" N - 76° 32' 07" 
W; thence 038° (M) to a point 600 
yards from the north shore 35° 13' 
39" N - 76° 31' 54" W; thence paral- 
lel with the shoreline no more than 
600 yards from shore to a point 35° 
13' 09" N - 76° 30' 48" W; thence 
009° (M) 600 yards to a point on 
shore 35° 13' 26" N - 76° 30' 47" 
W; thence following the shoreline to 
the beginning point. 

(kK) In an area bound by a line beginning 
at Boar Point 35° 12' 07" N - 76° 
31' 04" W running 106° (M) 2000 
yards to Green Flasher No. 5; thence 
200° (M) 2200 yards to a point 35° 
10' 56" N - 76° 30' 10" W; thence 
282° (M) 2350 yards to Bay Point 
35° 11' 02" N - 76° 31' 35" W; 
thence following the shoreline to the 
beginning point. 
(5) In Pamlico River west of a line from a 
point on Pamlico Point 35° 18' 42" N 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1601 



PROPOSED RULES 



- 76° 28' 58" W running 009° (M) 
through Daymarker No. 1 and Willow 
Point Shoal Beacon to a point on Wil- 
low Point 35° 22' 23" N - 76° 28' 48" 
W pots may be used in the following 
areas: 
(aA) In that area bound by a line beginning 
at a point on the line from Pamlico 
Point to Willow Point 35° 19' 24" N 
- 76° 28' 56" W running westerly 
parallel to the shoreline at a distance 
of no more than 1000 yaiJs to Green 
Flasher No. 1 at the mouth of Goose 
Creek; thence 248° (M) parallel to 
the ICWW to a point off Fulford 
Point 35° 19' 59" N - 76° 36' 41" 
W; thence 171° (M) to a point on 
Fulford Point 35° 19' 41" N -76° 36' 
34" W. 
(feB) All coastal waters and tributaries of 
Oyster Creek, James Creek, Middle 
Prong and Clark Creek. 
(eC) All coastal waters of Goose Creek: 
(i) In that area bound by a line be- 
ginning at a point on Reed Ham- 
mock 35° 20' 24" N - 76° 36' 
51" W running 171° (M) 300 
yards to a point 35° 20' 16" N - 
76° 36' 48" W; thence parallel 
with the shoreline no more than 
300 yards from shore to a point 
35° 20' 09" N - 76° 37' 10" W; 
thence 302° (M) 300 yards to a 
point on shore 35° 20' 13" N - 
76° 37' 19" W. 
(ii) In that area bound by a line be- 
ginning at a point on shore 35° 
19' 58" N - 76° 37' 33" W; 
running 291° (M) 300 yards to a 
point 35° 19' 57" N - 76° 37' 
21" W; thence parallel to the 
shoreline no more than 300 yards 
from shore to a point 35° 18' 16" 
N - 76° 37' 16" W; thence 292° 
(M) to a point on the north shore 
of Snode Creek 35° 18' 15" N - 
76° 37' 27" W. 
(iii) In that area bound by a line be- 
ginning at a point at the mouth of 
Goose Creek 35° 19' 59" N - 76° 
36' 41" W; running 348° (M) to 
Green Daymarker No. 5; thence 
south parallel to the shoreline no 
more than 300 yards from shore 
to a point 35° 18' 12" N - 76° 



37' 07" W; thence 112° (M) to 
Store Point 35° 18' 09" N - 76° 
36' 57" W. 
(iv) Between the line from Store Point 
to Snode Creek and a line begin- 
ning at a point on Long Neck 
Point running 264° (M) through 
Beacon No. 15 to Huskie Point 
from the shoreline to no more 
than 150 yards from shore, 
(v) All coastal waters southeast of the 
line from Long Neck Point 
through Beacon No. 15 to Huskie 
Point. 
(vi) Campbell Creek - west of a line 
from a point on Huskie Point 35° 
17' 00" N - 76° 37' 06" W run- 
ning 004° (M) to Pasture Point 
35° 17' 20" N - 76° 37' 08" W, 
to the Inland-Commercial line. 
(dD) All coastal waters bound by a line 
beginning on Reed Hammock 35° 20' 
24" N -76° 36' 51" W running 171° 
(M) to a point 35° 20' 16" N - 76° 
36' 47" W; thence 100° (M) 800 
yards to Red Daymarker No. 4; 
thence 322° (M) 1200 yards to a 
point 35° 20' 40" N - 76° 36' 48" 
W; thence westerly parallel to the 
shoreline at a distance of 300 yards to 
a point in Bond Creek 35° 20' 40" N 

- 76° 41' 37" W; thence 199° (M) to 
a point on the south shore of Muddy 
Creek 35° 20' 18" N - 76° 41' 34" 
W, including all waters of Muddy 
Creek up to the Inland-Coastal bound- 
ary line. 

(eE) Along the west shore of Bond Creek 
from Fork Point to the Coastal-Inland 
boundary line from the shoreline to 
no more than 50 yards from shore. 

(fF) All coastal waters of South Creek 
upstream of a line beginning at a 
point on Fork Point 35° 20' 45" N - 
76° 41' 47" W running 017° (M) to 
a point on Hickory Point 35° 21' 44" 
N - 76° 41' 36" W. 

(gCj) In that area bound by a line beginning 
at a point at the six foot depth contour 
south of Hickory Point 35° 21' 33" N 

- 76° 41' 39" W; thence easterly 
following the six foot depth contour 
to a point off the east end of Indian 
Island 35° 21' 42" N - 76° 38' 04" 
W; thence 270° (M) to a point on the 



1602 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



> 



^ 



I 



east end of Indian Island 35° 21 ' 38" 
N - 76° 38' 36" W; thence following 
the shoreline of Indian Island to a 
point on the west end 35° 21' 37" N 

- 76° 39' 40" W; thence 293° (M) 
toward Daymarker No. 1 to a point at 
the six foot depth contour 35° 21' 
46" N - 76° 40' 16" W; thence fol- 
lowing the six foot depth contour in a 
westerly direction to a point off Long 
Point 35° 22' 42" N - 76° 42' 44" 
W; thence 233° (M) to a point on 
shore 35° 22' 24" N - 76° 43' 05" 
W. 

(hH) Beginning at a point on shore near 
Long Point 35° 22' 29" N - 76° 43' 
25" W, running 001° (M) to a point 
300 yards offshore 35° 22' 39" N - 
76° 43' 26" W; thence westerly 
parallel to the shoreline at a distance 
of 300 yards to a point 35° 22' 39" N 

- 76° 43' 59" W; thence 209° (M) to 
a point on shore 35° 22' 30" N - 76° 
44' 03" W. 

(il) Beginning at a point on shore 35° 22' 
30" N - 76° 44' 27" W, running 
355° (M) to a point offshore 35° 22' 
40" N - 76° 44' 31" W; thence west- 
erly parallel to the shoreline at a 
distance of 300 yards to a point 35° 
22' 53" N - 76° 45' 00" W; thence 
running 251 ° (M) to a point on shore 
35° 22' 46" N - 76° 45' 14" W. 

(jj) Beginning at a point on shore 35° 22' 
54" N - 76° 45' 43" W; running 
003° (M) to a point offshore 35° 23' 
03" N - 76° 45' 43" W; thence west- 
erly parallel to the shoreline at a 
distance of 300 yards to the intersec- 
tion of a line beginning on the north 
shore at Gum Point 35° 25' 09" N - 
76° 45' 33" W; running 210° (M) to 
a point on the south shore 35° 23' 
28" N - 76° 46' 26" W. 

(kK) All coastal waters west of a line 
beginning on the north shore at Gum 
Point 35° 25' 09" N - 76° 45' 33" W 
running 210° (M) to a point on the 
south shore 35° 23' 28" N - 76° 46' 
26" W. 

(IL) On the north side of Pamlico River 
bound by a line beginning at the 
intersection of the line from Gum 
Point to the south shore 500 yards 
from shore 35= 24' 55" N - 76° 45' 



39" W running easterly parallel to the 
shoreline at a distance of 500 yards to 
a point at the six foot contour near 
Adams Point 35° 23' 08" N - 76° 35' 
59" W. 
(ffiM) All waters and tributaries of North 
Creek except the marked navigation 
channel. 
(flN) In that area bound by a line beginning 
at a point at the six foot contour near 
Adams Point 35° 23' 08" N - 76° 35' 
59" W running westerly following the 
six foot depth contour to a point off 
Wades Point 35° 23' 28" N - 76° 34' 
09" W. 
(eO) Pungo River: 

(i) Bound by a line beginning at 
Wades Point 35° 23' 16" N - 76° 
34' 30" W running 059° (M) to a 
point at the six foot depth con- 
tour, 35° 23' 28" N - 76° 34' 
09" W; thence northerly follow- 
ing the six foot depth contour to a 
point near Beacon No. 3 35° 25' 
44" N - 76° 34' 46" W; thence 
272° (M) 950 yards to a point on 
shore 35° 25' 41" N - 76° 35' 
22" W. 
(ii) Bound by a line beginning at a 
point on shore 35° 25' 50" N - 
76° 35' 37" W running 050° (M) 
1150 yards to a point at 35° 26' 
17" N - 76° 35' 10" W; thence 
northerly following the six foot 
depth contour to a point 35° 26' 
54" N - 76° 36' 09" W; thence 
314° (M) 350 yards to a point on 
shore 35° 27' 00" N - 76° 36' 
20" W. 
(iii) Bound by a line beginning at a 
point on shore 35° 27' 14" N - 
76° 36' 26" W running 077° (M) 
800 yards to a point 35° 27' 23" 
N - 76° 36' 02" W; thence north- 
erly following the six foot depth 
contour to a point off Windmill 
Point 35° 30' 50" N - 76° 38' 
09" W; thence 076° (M) to a 
point 200 yards west of 
Daymarker No. 3 35° 31' 21" N 
- 76° 36' 37" W; thence 312° 
(M) to a point at the "Breakwa- 
ter" 35° 31' 36" N -76° 37' 05" 
W. 
(iv) All coastal waters bound by a line 



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December 1, 1993 



1603 



PROPOSED RULES 



beginning at a point at the 
"Breakwater" 200 yards northeast 
of Beacon No. 6 35' 31' 47" N - 
76° 36' 51" W running 132° (M) 
to a point 200 yards from 
Daymarker No. 4 35° 31' 31" N 

- 76° 36' 21" W; thence running 
102° (M) to a point 35° 31' 28" 
N - 76° 35' 59" W; thence 
running 010° (M) to Beacon No. 
1; thence running 045° (M) 700 
yards to a point on shore 35° 32' 
22" N - 76° 35' 42" W. 

(v) All coastal waters north and east 
of a line beginning at a point on 
shore west of Lower Dowry 
Creek 35° 32' 25" N - 76° 35' 
07" W running 177° (M) 1950 
yards to a point 200 yards north 
of Daymarker No. 1 1 35 ° 3 1' 3 1" 
N - 76° 35' 06" W; thence 
easterly parallel to the marked 
navigation channel at a distance of 
200 yards to a point on the shore 
northwest of Wilkerson Creek 35° 
33' 13" N - 76° 27' 36" W. 

(vi) All coastal waters south of a line 
beginning on shore south of 
Wilkerson Creek 35° 33' 02" N - 
76° 27' 20" W running westerly 
parallel to the marked navigation 
channel at a distance of 200 yards 
to a point southeast of Daymarker 
No. 14 35° 31' 05" N - 76° 32' 
34" W; thence running 208° (M) 
to a point on shore 35° 30' 28" N 

- 76° 32' 47" W. 

(vii) All coastal waters bound by a line 
beginning on shore east of 
Durants Point 35° 30' 29" N - 
76° 33' 25" W running 347° (M) 
to a point southwest of 
Daymarker No. 1 2 35 ° 3 1 ' 08 " N 

- 76° 33' 53" W; thence westerly 
parallel to the marked navigation 
channel at a distance of 200 yards 
to a point south of Beacon No. 10 
35° 31' 08" N - 76° 35' 35" W; 
thence running 185° (M) to a 
point at the six foot depth contour 
between Beacon No. 8 and the 
eastern shore of Pungo River 35° 
30' 08" N - 76° 35' 28" W; 
thence following the six foot 
depth contour to a point 35° 28' 



09" N - 76° 33' 43" W; thence 
127° (M) to a point on shore 35° 
28' 00" N - 76° 33' 25" W; 
thence 159° (M) to a point at the 
six foot depth contour 35° 27' 
40" N - 76° 33' 12" W including 
the waters of Slades Creek and its 
tributaries; thence 209° (M) to a 
point on shore 35° 27' 22" N - 
76° 33' 21" W; thence 272° (M) 
to a point at the six foot depth 
contour 35° 27' 18" N - 76° 33' 
53" W; thence southerly 
following the six foot depth 
contour to a point south of Sandy 
Point 35° 26' 35" N - 76° 33' 
50" W; thence 087° (M) to a 
point on shore 35° 26' 38" N - 
76° 33' 34" W. 
(viii) In that area bound by a line 
beginning at a point on shore 35° 
26' 20" N - 76° 33' 18" W 
running 176° (M) to a point at the 
six foot depth contour 35° 26' 
05" N - 76° 33' 13" W; thence 
southerly following the six foot 
depth contour throughout 
Fortescue Creek to a point off 
Fortescue Creek 35° 25' 44" N - 
76° 32' 09" W; thence 145° (M) 
to a point on shore 35° 25' 36" N 
- 76° 32' 01" W. 
(ix) In that area bound by a line be- 
ginning at a point on shore 35° 
25' 20" N - 76° 32' 01" W run- 
ning 258° (M) to a point at the 
six foot depth contour 35° 25' 
17" N - 76° 32' 18" W; thence 
following the six foot depth con- 
tour to a point 500 yards west of 
Currituck Point 35° 24' 30" N - 
76° 32' 42" W; thence southeast- 
erly parallel to the shoreline and 
including Abel Bay at a distance 
of 500 yards to a point at the 
intersection of the line from 
Pamlico Point to Willow Point 
35° 22' 09" N - 76° 28' 48" W. 
(6) In Bay River west of a line beginning at 
a point on Maw Point 35° 09' 02" N - 
76° 32' 09" W running 022° (M) to a 
point on Bay Point 35° 1 1' 02" N - 76° 
31' 34" W, pots may be used in the 
following areas: 
(aA) In that area beginning at a point on 



1604 



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NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



Maw Point 35° 09' 02" N - 76° 32' 
09" W; running 018° (M) to Green 
Daymarker No. 1; thence 223° (M) to 
a point on shore in Fisherman Bay 
35° 09' 18" N - 76° 32' 23" W. 

(feB) In Fisherman Bay bound by a line 
beginning at a point on the shore west 
of Maw Point 35° 09' 18" N - 76° 
33' 02" W; thence 351° (M) 3200 
yards to lighted Beacon No. 3 in Bay 
River; thence 230° (M) 1200 yards to 
a point on the shore 35° 10' 24" N - 
76° 34' 00" W. 

(eC) In that area bound by a line beginning 
at a point on the east shore at the 
mouth of Bonners Bay 35° 10' 05" N 
- 76° 35' 18" W; thence 306° (M) 
300 yards to a point in Bay River, 
35° 10' 10" N - 76° 35' 30" W; 
thence parallel to the shoreline no 
more than 300 yards from shore to a 
point in Bay River 35° 10' 40" N - 
76° 34' 42" W; thence 188° (M) to a 
point on shore 35° 10' 27" N - 76° 
34' 42" W. 

(dD) In Bonner Bay bound by a line 
beginning at a point on the east shore 
35° 10' 05" N - 76° 35' 18" W 
running 306° (M) 200 yards to a 
point 35° 10' 09" N - 76° 35' 25" 
W; thence parallel to the shoreline no 
more than 200 yards offshore to a 
point 35° 09' 16" N - 76° 35' 18" 
W; thence 097° (M) 200 yards to a 
point on shore 35° 09' 16" N - 76° 
35' 13" W. 

(eE) In Bonner Bay, Spring Creek and 
Long Creek south of a line beginning 
at a point on the east shore 35° 09' 
16" N - 76° 35' 13" W running 274° 
(M) to a point on the west shore 35° 
09' 14" N - 76° 35' 43" W. 

(fF) In Bonner Bay bound by a line begin- 
ning at a point on the west shore 35° 
09' 14" N - 76° 35' 44" W running 
094° (M) 100 yards to a point 35° 
09' 13" N - 76° 35' 39" W; thence 
parallel to the shoreline no more than 
100 yards offshore to a point in Riggs 
Creek 35° 09' 15" N - 76° 36' 08" 
W; thence 142° (M) to a point on 
shore 35° 09' 13" N - 76° 36' 08" 
W. 

(gG) In that area bound by a line beginning 
on the south shore of Bay River west 



of Bell Point 35° 09' 40" N - 76° 40' 
00" W, running 314° (M) to a point 
200 yards offshore 35° 09' 43" N - 
76° 40' 06" W; thence no more than 
200 yards from the shoreline to a 
point 35° 09' 53" N - 76° 36' 45" 
W; thence 102° (M) to a point 35° 
09' 50" N - 76° 35' 54" W; thence 
181 ° (M) to a point 35° 09' 36" N - 
76° 35' 51" W; thence 237° (M) to a 
point in Riggs Creek 35° 09' 18" N - 
76° 36' 12" W; thence 322° (M) to a 
point on shore at the mouth of Riggs 
Creek 35° 09' 21" N - 76° 36' 18" 
W. 

(bH) In that area on the south side of Bay 
River bound by a line beginning at a 
point on shore at the confluence of 
Bay River and Trent Creek 35° 08' 
27" N - 76° 43' 12" W running 016° 
(M) 150 yards to a point 35° 08' 31" 
N - 76° 43' 11" W; thence no more 
than 150 yards from shore to a point 
35° 08' 57" N - 76° 40' 19" W; 
thence 116° (M) to a point on shore 
at Moores Creek 35° 08' 57" N - 76° 
40' 14" W. 

(il) In Bay River and Trent Creek west of 
a line beginning at a point on the 
south shore 35° 08' 27" N - 76° 43' 
12" W running 016° (M) to a point 
on the north shore 35° 08' 41" N - 
76° 43' 09" W. 

(jj) In that area on the north shore of Bay 
River bound by a line beginning at a 
point west of Vandemere Creek 35° 
10' 53" N - 76° 39' 42" W running 
135° (M) 150 yards to a point 35° 
10' 52" N - 76° 39' 39" W; thence 
no more than 150 yards from shore to 
a point at the confluence of Bay River 
and Trent Creek 35° 08' 37" N - 76° 
43' 10" W; thence to a point on the 
north shore 35° 08' 39" N - 76° 43' 
09" W. 

(kK) In Vandemere Creek northeast of a 
line beginning at a point on the east 
shore 35° 11' 04" N - 76° 39' 22" W 
running 315° (M) to a point on the 
west shore 35° 11' 12" N - 76° 39' 
36" W. 

(IL) In that area bound by a line beginning 
at a point at the mouth of Vandemere 
Creek 35° 11' 04" N - 76° 39' 22" 
W, running 216° (M) 200 yards to a 



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December 1, 1993 



1605 



PROPOSED RULES 



point in Bay River 35° 10' 58" N - 
76° 39' 25" W; thence parallel to the 
shoreline no more than 200 yards 
from shore to a point in Bay River 
northwest of Beacon No. 4 35° 10' 
40" N - 76° 36' 38" W; thence 344° 
(M) 200 yards to a point on shore 35° 
10' 45" N - 76° 36' 42" W. 

(HiM) In that area bound by a line begin- 
ning at a point on Sanders Point 35° 
11' 19" N - 76° 35' 54" W; running 
067° (M) 200 yards to a point 35° 
11' 23" N - 76° 35' 47" W; thence 
following the shoreline no more than 
200 yards from shore to a point in 
Bay River northwest of Beacon No. 4 
35° 10' 40" N - 76° 36' 38" W; 
thence 344° (M) 200 yards to a point 
on the shore 35° 10' 45" N - 76° 36' 
42" W. 

(aN) In that area beginning at a point on 
shore 35° 11' 53" N - 76° 35' 54" W 
of a line running 170° (M) to a point 
35° ir 40" N - 76° 35' 51" W; 
thence parallel to the shoreline no 
more than 500 yards from shore to a 
point 35° W 57" N - 76° 35' 05" 
W; thence running 344° (M) to a 
point on shore at the mouth of Gales 
Creek 35° 12' 10" N - 76° 35' 12" 
W. 

(eO) In that area bound by a line beginning 
at a point on shore at the mouth of 
Gale Creek 35° 12" 08" N - 76° 34' 
52" W, running 278° (M) 200 yards 
to a point in Bay River 35' 12' 08" N 
- 76° 35' 02" W; thence running 
parallel to the shoreline at a distance 
of 200 yards to a point in Bay River 
35° 11 ' 32" N - 76° 33' 24" W; 
thence running 352° (M) 200 yards to 
a point on shore at Dump Creek 35° 
11' 39" N - 76° 33' 25" W. 

(pP) In Gale Creek except the Intracoastal 
Waterway north of a line beginning at 
a point on the west shore 35° 12' 08" 
N - 76° 35' 12" W running 098° (M) 
to a point on the west shore 35° 12' 
08" N - 76° 34' 52" W. 

{^Q} In an area bound by a line beginning 
at a point on the eastern shore at the 
mouth of Rockhole Bay 35° 11' 06" 
N - 76° 32' II" W; thence 180° (M) 
600 yards to a point in Bay River 35° 
10' 49" N - 76° 32' 09" W; thence 



east with the five foot curve 1 100 
yards to a point 35° 10' 36" N - 76° 
31' 30" W; thence 000° (M) 850 
yards to a point on Bay Point 35° 11' 
02" N - 76° 31' 34" W. 
(7) In the Neuse River and West Bay Area 
south and west of a line beginning at a 
point on Maw Point 35° 09' 02" N - 
76° 32' 09" W. running 137° (M) 
through the Maw Point Shoal Day 
Marker No. 2 and through the Neuse 
River Entrance Light to a point at the 
mouth of West Bay 35° 02' 09" N - 
76° 21' 53" W, pots may be set in the 
following areas: 
(aA) All coastal fishing waters northwest of 
a line beginning at a point at the 
mouth of Slocum Creek 34° 57' 02" 
N - 76° 53' 42" W. running 029° 
(M) to a point at the mouth of Beards 
Creek 35° 00' 08" N - 76° 52' 13" 
W. Pots may also be set in coastal 
fishing waters of Goose Bay and 
Upper Broad Creek. 
(bB^) In that area bound by a line beginning 
at a point on the north shore at Mill 
Creek 34° 59' 34" N - 76° 51' 06" 
W; thence running 223° (M) approxi- 
mately 300 yards into the river to a 
point 34° 59' 25" N - 76° 51' 14" 
W; thence along the six foot depth 
curve southeast to a point at the rock 
jetty 34° 58' 06" N - 76° 49' 14" W; 
thence 016° (M) approximately 300 
yards to a point on the shore 34" 58' 
17" N - 76° 49' 12" W. 
(eC) In that area bound by a line beginning 
at a point on the north shore approxi- 
mately 500 yards west of Pierson 
Point 34° 58' 32" N - 76° 46' 38" 
W; thence running 171° (M) approxi- 
mately 300 yards into the river to a 
point 34° 58' 24" N - 76° 46' 34" 
W; thence east and northeast along 
the six foot curve to a point in the 
river 34° 58' 47" N - 76° 45' 39" W; 
thence 330° (M) approximately 700 
yards to a point on the shore 50 yards 
west of an existing pier 34' 59' 04" 
N - 76° 45' 54" W 
(dD^) In that area bound by a line beginning 
at a point on the north shore east of 
Dawson Creek Bridge 34° 59' 34" N 
- 76° 45' 12" W; thence running 
244° (M) approximately 500 yards to 



1606 



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NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



Day Marker No. 4 (entrance to 
Dawson Creek Channel); thence 
running east 117° (M) to a point 34° 
59' 22" N - 76° 45' 19" W; thence 
east and northeast along the six foot 
curve to a point 50 yards west of Day 
Marker No. 3 (channel to Oriental) 
35° or 02" N - 76° 41' 51" W; 
thence 303° (M) approximately 600 
yards to a point on the eastern tip of 
Windmill Point 35° 01' 10" N - 76° 
42' 08" W. 

(eE) In Greens Creek (Oriental) west of a 
line at the confluence of Greens and 
Kershaw Creeks beginning at a point 
on the south shore 35° 01' 28" N - 
76° 42' 55" W running 005° (M) to 
a point on the north shore 35° 01' 
38" N - 76° 42' 54" W, no more than 
75 yards from the shoreline east of 
this line to the Highway 55 bridge. 

(ff) In that area bound by a line beginning 
at a point on Whittaker Point 35° 01' 
37" N - 76° 40' 56" W; thence run- 
ning 192° (M) approximately 500 
yards to a point in the river 35° 01' 
23" N - 76° 40' 57" W; thence along 
the six foot depth curve northeast to a 
point in the river off Orchard Creek 
35° 03' 18" N - 76° 37' 53" W; 
thence 280° (M) approximately 900 
yards to a point on the eastern tip of 
Cockle Point 35° 03' 20" N - 76° 38' 
27" W. 

(gG) In that area bound by a line beginning 
at a point on the north shore near the 
mouth of Orchard Creek 35° 03' 38" 
N - 76° 37' 54" W running 177° (M) 
approximately 400 yards to a point 
35° 03' 27" N - 76° 37' 54" W; 
thence along the six foot depth curve 
to a point eastward; thence 174° (M) 
600 yards to a point on the north 
shore 35° 03' 56" N - 76° 36' 42" 
W. 

(liH) In that area bound by a line beginning 
at a point on the north shore approxi- 
mately 400 yards south of Gum 
Thicket Creek 35° 04' 12" N - 76° 
36' 11" W; thence running 132° (M) 
approximately 600 yards to a point 
35° 03' 55" N - 76° 35' 48" W; 
thence along the six foot depth curve 
eastward to a point 35° 04' 10" N - 
76° 34' 37" W; thence 304° (M) to a 



point on the shore 400 yards north of 
Gum Thicket Creek 35° 04' 38" N - 
76° 35' 42" W. 

(il) In Lower Broad Creek east west of a 
line running 188° (M) through Red 
Day Marker No. 4. No more than 
150 yards from shore between a line 
running 188° (M) through Red Day 
Marker No. 4 and a line running 228° 
(M) through Green Marker No. 3. 
Pots may not be set in Burton Creek. 

(jj) Piney Point Shoal Area, in that area 
bound by a line beginning at a point 
on the north side of a creek (locally 
known as Wadin or Persimmon 
Creek) 35° 07' 17" N - 76° 33' 26" 
W running 115° (M) approximately 
300 yards to a point near the six foot 
depth curve 35° 07' 15" N - 76° 33' 
16" W; thence south and southeast 
along the six foot depth curve to a 
point east of the old lighthouse 35° 
05' 17" N - 76° 32' 42" W; thence 
288° (M) through the old lighthouse 
to a point on shore north of Red Day 
Marker No. 2 at the mouth of Broad 
Creek 35° 05' 42" N - 76° 35' 18" 
W. 

(kK) In that area bound by a line beginning 
at a point on the south shore of Maw 
Bay 35° 08' 32" N - 76° 32' 38" W; 
thence running 114° (M) to Maw 
Point Shoal Day Marker No. 2; 
thence 317° (M) to Maw Point 35° 
08' 55" N - 76° 32' 1 1" W. 

(iL) In that area east of Slocum Creek 
bound by a line beginning at a point 
34° 57' 02" N - 76° 53' 42" W; 
thence running 029° (M) approxi- 
mately 1 100 yards to a point 34° 57' 
32" N - 76° 53' 28" W; thence along 
the six foot curve to a point 34° 56' 
34" N - 76° 49' 38" W; thence 176° 
(M) approximately 300 yards to a 
point 34° 56' 26" N - 76° 49' 35" 
W. 

(fftM) In that area bound by a line begin- 
ning at a point 34° 56' 22" N - 76° 
49' 05" W, running 057° (M) approx- 
imately 1 100 yards to Day Marker 
"2" off Cherry Point; thence 097° 
(M) approximately 200 yards to a 
point 34° 56' 42" N - 76° 48' 27" 
W; thence along the six foot curve to 
a point 34° 55' 10" N - 76° 45' 40" 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1607 



PROPOSED RULES 



W; thence 187° (M) approximately 
400 yards to a point on Temple Point 
34° 54' 58" N - 76° 45' 40" W, 

(flN) In that area southeast of a line begin- 
ning at a point at the mouth of Club- 
foot Creek 34° 55' 20" N - 76° 45' 
09" W running 076° (M) to a point 
on shore 34° 55' 37" N - 76° 44' 23" 
W. 

(eO) In Clubfoot Creek south of a line 
beginning at a point on the east shore 
34° 54' 30" N - 76° 45' 26" W. 
running 284° (M) to a point on the 
west shore 34° 54' 33" N - 76° 45' 
43" W. Pots may be set 50 yards 
from shore north of this line. 

(pP) In that area bound by a line beginning 
at the western tip of Great Island 34° 
55' 47" N - 76° 44' 50" W; thence 
running 275° (M) approximately 500 
yards to a point 34° 55' 46" N - 76° 
45' 07" W; thence 029° (M) approxi- 
mately 1400 yards to a point 34° 56' 
24" N - 76° 44' 48" W; thence 120° 
(M) to a point 34° 56' 06" N - 76° 
43' 59" W; thence 232° (M) to a 
point on Great Island 34° 55' 50" N 
- 76° 44' 17" W. 

(qQ) In that area bound by a line beginning 
at a point west of Long Creek 34° 55' 
38" N - 76° 44' 18" W running 064° 
(M) to a point 34° 55' 57" N - 76° 
43' 43" W; thence 138° (M) to a 
point on shore at the mouth of Great 
Neck Creek 34° 55' 50" N - 76° 43' 
25" W. 

(fR) In that area bound by a line beginning 
at a point at the mouth of Great Neck 
Creek 34° 55' 50" N - 76° 43' 25" 
W. running 318° (M) 750 yards to a 
point 34° ^56' 04" N - 76° 43' 47" 
W; thence following the shoreline no 
more than 750 yards from shore to a 
poim 34° 56' 50" N - 76° 43' 11" 
W; thence 116° (M) 750 yards to a 
point on shore at Courts Creek 34° 
56' 42" N - 76° 42' 46" W. 

(sS) In that area bound by a line beginning 
at a point on Courts Creek 34° 56' 
42" N - 76° 42' 46" W, running 
296° (M) 1000 yards to a point 34° 
56' 52" N - 76° 43' 20" W; thence 
parallel with the shoreline no more 
than 1000 yards to a point 34° 57' 
53" N - 76° 41' 59" W; thence 190° 



(M) 1000 yards to a point on shore 
34° 57' 24" N - 76° 42' 00" W. 

(tT) In that area bound by a line beginning 
at a point on shore, 34° 57' 24" N - 
76° 42' 00" W, running 010° (M) 
500 yards to a point 34° 57' 38" N - 
76° 42' 00" W; thence running paral- 
lel to the shoreline no more than 500 
yards from shore to a point 34° 57' 
33" N - 76° 41' 00" W; thence 179° 
(M) to a point 34° 57' 23" N - 76° 
40' 58" W; thence 260° (M) to a 
point on shore at the mouth of Adams 
Creek 34° 57' 22" N - 76° 41' 10" 
W. 

(«U) In that area bound by a line beginning 
at a point on the northeast side of 
Adams Creek 34° 57' 30" N - 76° 
40' 36" W; thence 278° (M) 225 
yards offshore to a point 34° 57' 30" 
N - 76° 40' 45" W; thence 359° (M) 
to a point off Winthrop Point 34° 58' 
26" N - 76° 40' 56" W; thence run- 
ning 056° (M) to a point off Cedar 
Point 34° 59' 07" N - 76° 40' 04" 
W; thence 140° (M) to the shoreline 
on Cedar Point 34° 58' 50" N - 76° 
39' 41" W. 

(vV) In that area bound by a line beginning 
at a point on Cedar Point 34° 58' 50" 
N - 76° 39' 41" W, running 320° 
(M) 750 yards to a point 34° 59' 05" 
N - 76° 40' 01" W; thence parallel to 
the shoreline no more than 750 yards 
from shore to a point 34° 59' 16" N 
- 76° 39' 31" W; thence 167° (M) to 
a point on shore 34° 58' 56" N - 76° 
39' 21" W. 

(wW) In that area bound by a line begin- 
ning at a point on shore 34° 58' 56" 
N - 76° 39' 21" W running 347° (M) 
to a point 34° 59' 03" N - 76° 39' 
24" W; thence parallel to the shore- 
line no more than 200 yards from 
shore to a point 34° 59' 08" N - 76° 
38' 47" W; thence 184° (M) to a 
point on shore 34° 59' 01" N - 76° 
35' 25" W. 

(xX) In that area bound by a line beginning 
at a point west of Garbacon Creek 
34° 59' 01" N - 76° 38' 43" W, 
running 004° (M) 750 yards to a 
poim 34° 59' 23" N - 76° 38' 46" 
W; thence parallel with the shoreline 
no more than 750 yards from shore to 



1608 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



I 



\ 



I 



a point off Browns Creek 35° 00' 20" 

N - 76° 33' 45" W; thence 172° (M) 
to the shoreline on the west side of 
Browns Creek 34° 59' 57" N - 76° 
33' 35" W. 
(yY) In that area bound by a line beginning 
at a point on shore at the mouth of 
Browns Creek 34° 59' 55" N - 76° 
33' 29" W, running 352° (M) 750 
yards to a point on 35° 00' 22" N - 
76° 33' 34" W; thence parallel to the 
shoreline no more than 750 yards 
from shore to a point 35° 0^ OT 5^ 
45" N - 76° 3»^ 29' 56^ 51" W: 
thence «6^ 162° (M) 750 yards to a 
point on shore north of Rattan Bay 
Cedar Bay Point 35° 0^01' 4^ 22" 
N - 76° 3^ 29: ^3^ 34" W. 
(zZ) In that area bound by a line beginning 
on the north side of Rattan Bay at a 
point on the shoreline 35° 03' 45" N 
- 76° 28' 32" W; thence running 
316° (M) 600 yards offshore to a 
point 35° 03' 54" N - 76° 28' 52" 
W; thence running parallel with the 
shoreline 600 yards oflFshore to a 
point 35° 04' 09" N - 76° 26' 44" 
W; thence 239° (M) 600 yards to a 
point on shore 35° 04' 57" N - 76° 
27' 00" W. 
(aaAA) In Adams Creek: 

(i) Between a line running 080° (M) 
through Red Flasher No. 4 at the 
mouth of Adams Creek and a line 
beginning at a point on the south 
shore of Cedar Creek 34° 55' 52" 
N - 76° 38' 49" W, running 297° 
(M) to a point on the west shore 
of Adams Creek 34° 56' 03" N - 
76° 39' 27" W, no more than 200 
yards from shore, 
(ii) Between a line beginning at a 
point at the mouth of Cedar Creek 
34° 55' 52" N - 76° 38' 49" W; 
running 297° (M) to a point on 
the west shore of Adams Creek 
34° 56' 03" N - 76° 39' 27" W, 
and a line beginning at a point on 
the east shore 34° 54' 55" N - 
76° 39' 36" W; running 280° (M) 
to a point on the west shore 34° 
54' 55" N - 76° 40' 01" W; no 
more than 300 yards from the 
west shore and 200 yards from 
the east shore. 



(iii) South of a line beginning at a 
point on the east shore 34° 54' 
55" N - 76° 39' 36" W, running 
280° (M) to a point on the west 
shore 34° 54' 55" N - 76° 40' 
01" W, except in the marked 
navigation channel. 
(bfeBB} In South River: 

(i) Southeast of a line beginning at a 
point on the southwest shore 34° 
58' 35" N - 76° 35' 25" W, 
running 049° (M) through Red 
Flasher No. 2 to a point on the 
northeast shore 34° 59' 07" N - 
76° 34' 52" W, no more than 200 
yards from the shoreline. 

(ii) That area bound by a line begin- 
ning at a point on the southwest 
shore 34° 58' 35" N - 76° 35' 
25" W, running 049° (M) to Red 
Flasher No. 2; thence running 
207° (M) to a point north of 
Hardy Creek 34° 58' 13" N - 76° 
35' 22" W; thence following the 
shoreline to the point of begin- 
ning. 
(ee CC) In Tumagain Bay: 

(i) Between a line running 077° (M) 
through Green Flasher No. 1 and 
a line beginning at a point on the 
east shore 34° 59' 04" N - 76° 
29' 01" W; running 276° (M) to 
a point on the west shore 34° 59' 
03" N - 76° 29' 28" W, no more 
than 300 yards on the east shore 
and 100 yards on the west shore. 

(ii) Between a line beginning at a 

point on the east shore 34° 59' 

04" N - 76° 29' 01" W, running 

276° (M) to a point on the west 

shore 34° 59' 03" N - 76° 29' 

28" W, and a line beginning at a 

point on the east shore 34° 57' 

56" N - 76° 29' 25" W, running 

275° (M) to a point on the west 

shore 34° 57' 58" N - 76° 29' 

44" W, no more than 150 yards 

from shore. 

(dd) — In Cedar Bay cast of a line beginning 

at a point 35° 00' 51" N — 76° 29' 

4 2" W running 023° (M) to a point 

35° 01' 09" N — 76° 29' 37" W, not 

more than 200 yards from the shore 

(ee PD) In West Bay - North Bay area: 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1609 



PROPOSED RULES 



(i) In that area bound by a line be- 
ginning at a point 35° 02' 32" N 
- 76° 22' 27" W; thence south- 
west 220° (M) to Marker No. 5 
WB; thence southeast 161 ° (M) to 
a point in West Bay 35° 00' 34" 
N - 76° 21' 50" W; thence south- 
west 184° (M) to Deep Bend 
Point 34° 58' 36" N - 76° 21' 
48" W; thence following the 
shoreline of West Bay and North 
Bay to a point 35° 02' 09" N - 
76° 21' 53" W; thence 317° (M) 
to the beginning point, 
(ii) In West Bay bound by a line 
beginning at a point on shore 35° 
03' 34" N - 76° 26' 24" W, 
running 033° (M) 100 yards to a 
point 35° 03' 38" N - 76° 26' 
23" W; thence parallel to the 
shoreline no more than 100 yards 
from shore to a point 35° 00' 06" 
N - 76° 25' 24" W, running 278° 
(M) to a point on shore 35° 00' 
06" N - 76° 25' 28" W. 
(iii) In West Bay bound by a line 
beginning at a point 35° 00' 06" 
N - 76° 25' 28" W. running 098° 
(M) 500 yards to a point 35° 00' 
06" N - 76° 25' 12" W; thence 
171° (M) 2800 yards to a point 
34° 58' 45" N - 76° 24' 42" W; 
thence 270° (M) 1400 yards to a 
point on shore 34° 58' 39" N - 
76° 25' 22" W. 
(#EE) In West Thorofare Bay and MerkJe 
Bay south and southeast of a line 
beginning at a point in West Bay at 
Tump Point 34° 58' 42" N - 76° 22' 
49" W; thence southwest 258° (M) to 
Marker Fl R15 ft. 3M 8 WB; thence 
southwest 203° (M) to Long Bay 
Point 34° 57' 52" N - 76° 24' 12" 
W. 
(ggED In Long Bay: 

(i) In that area bound by a line be- 
ginning at a point on the south 
side of Stump Bay in Long Bay 
34° 57' 13" N - 76° 27' 12" W; 
running northeast 077° (M) across 
Stump Bay to a point 34° 57' 39" 
N - 76° 25' 51" W; thence 032° 
(M) to a point 34° 58' 39" N - 
76° 25' 22" W, following the 
shoreline to the beginning point. 



(ii) Southwest of a line beginning on 
the west shore 34° 57' 13" N - 
76" 27' 12" W, running 134° (M) 
to a point on the east shore at 
Swimming Point 34° 56' 46" N - 
76° 26' 26" W. 
(iii) In the area bound by a line begin- 
ning at a point on shore at Swim- 
ming Point 34° 56' 46" N - 76° 
26' 26" W, running 314° (M) 300 
yards to a point 34° 56' 52" N - 
76° 26' 33" W; thence parallel to 
the shoreline no more than 300 
yards from shore to a point 34° 
58' 03" N - 76° 24' 10" W; 
thence 203° (M) to Long Bay 
Point 34° 57' 52" N - 76° 24' 
12" W. 
(febGG) Raccoon Island, on the northeast 
shore between a point on the north- 
west shore 35° 04' 27" N - 76° 26' 
16" W and a point on the southwest 
shore 35° 04' 00" N - 76° 25' 33" W 
from the shoreline no more than 150 
yards from shore; on the south and 
west shores, no more than 50 yards 
from the shoreline. 

(8) Core Sound, Back Sound and the Straits 
and their tributaries. 

(9) North River: 

(aA) In that area bound by a line beginning 
at a point on the shore on the east 
side of North River south of Goose 
Bay 34° 43' 35" N - 76° 34' 55" W; 
thence running 252' 
the river 34° 43' 28" 
W; thence running 
point in the river 34° 
35' 45" W; thence running 060° (M) 
to a point in the river 34° 45' 45" N 

- 76° 35' 04" W; thence running 
165° (M) to a point on the shore at 
the mouth of South Leopard Creek 
34° 45' 36" N - 76° 34' 59" W; 
thence with the shoreline to the point 
of beginning. 

fbB) In that area bound by a line beginning 
at a point on the west side of North 
River near Steep Point 34° 43' 40" N 

- 76° 37' 20" W; thence running 
040° (M) to a point 34° 44' 35" N - 
76° 36' 36" W; thence running 291° 
M 300 yards to a point 34° 44' 37" N 

- 76° 36' 45" W; thence running 
219° (M) to a point 34° 44' 13" N - 



(M) to a point in 

'N-76° 35' 14" 
355° (M) to a 
45' 20" N - 76° 



1610 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



I 



^ 



I 



76° 37' 05" W; thence running 307° 
(M) to a point 34° 44' 16" N - 76° 
37' 12" W; thence running 018° (M) 
to a point 34° 45' 20" N - 76° 36' 
56" W following the shoreline to the 
beginning point. 

(eC) In that area of the North River marsh- 
es bound by a line beginning at Red 
Flasher No. "6" running 038° (M) 
along the southeast side of Steep Point 
Channel through Red Day Marker 
No. "8" to a point 34° 44' 08" N - 
76° 36' 52" W; thence 125° (M) to a 
point 34° 43' 48" N - 76° 36' 08" 
W; thence 144° (M) to a point 34° 
43' 30" N - 76° 35' 47" W; thence 
188° (M) to a point 34° 42' 23" N - 
76° 35' 47" W; thence 221° (M) to 
Red Flasher No. "56"; thence 278° 
(M) to a point 34° 42' 14" N - 76° 
36' 43" W; thence 346° (M) to a 
point 34° 42' 45" N - 76° 36' 58" 
W; thence 008° (M) to a point 34° 
43' 14" N - 76° 36' 58" W; thence 
318° (M) to the beginning point. 

(dD) In the area north of a line beginning 
on the east shore at 34° 46' 11 " N - 
76° 35' 13" W; thence running 270° 
(M) to a point on the west shore at 
34° 46' 11" N - 76° 37' 01" W. 
(10) Newport River: 

(aA) In that area east and south of a line 
beginning at a point on the south 
shore 34° 45' 30" N - 76° 43' 10" 
W; thence running 026° (M) to a 
point on the north shore Newport 
River near Oyster Creek; thence 
following the shoreline to a point on 
the west bank of Core Creek at 34° 
47' 05" N - 76° 41' 14" W; thence 
running 099° (M) through Marker 
"21" to a point on the east shore at 
34° 47' 05" N - 76° 41' 10" W; 
thence following the shoreline south- 
ward to Gallant Point at 34° 44' 00" 
N - 76° 40' 19" W; thence running 
271° (M) to Marker "2" at 34° 43' 
58" N - 76° 40' 32" W; thence run- 
ning 148° (M) to a point at 34° 43' 
42" N - 76° 40' 05" W; thence run- 
ning 182° (M) to a point at 34° 43' 
21" N - 76° 40' 1 1" W at the Beau- 
fort Causeway; thence running west 
with U.S. Highway 70 and the shore- 
line as the southern border to the 



point of beginning. 

(b^) In that area bound by a line beginning 
at a point on the shore on the south 
side of Russell's Creek 34° 45' 28" N 
- 76° 39' 46" W running 278° (M) 
1000 yards to Quick Flasher Beacon 
No. 29 in the Intracoastal Waterway; 
thence running 173° (M) 1700 yards 
with the shoal to a point 34° 44' 37" 
N - 76° 40' 06" W; thence 195° (M) 
1050 yards to a point on Gallant Point 
34° 44' 06" N - 76° 40' 11" W; 
thence east and north with the shore- 
line to the beginning point. 

(eC) In the mouth of Harlowe Creek north 
of a line beginning at a point near 
White Rock 34° 46' 28" N - 76° 43' 
28" W, running 089° (M) to a point 
34° 46' 33" N - 76° 42' 46" W. 

(11) Bogue Sound: 

(aA) In that area bound by a line beginning 
at a point 34° 42' 16" N - 76° 49' 
24" W on the south shore of Bogue 
Sound (locally known as McGinnis 
Point) running (X)8° (M) to a point in 
Bogue Sound 34° 43' 12" N - 76° 
49' 24" W thence running 099° (M) 
to Atlantic Beach Bridge 34° 43' 08" 
N - 76° 44' 12" W; thence 119° (M) 
to a point on the shore at Tar Landing 
Bay 34° 42' 30" N - 76° 42' 12" W; 
thence 191° (M) to a point on Bogue 
Banks 34° 42' 00" N - 76° 42' 15" 
W; thence with the shoreline to the 
beginning point. 

(feB) In that area north of the Intracoastal 
Waterway beginning at the Atlantic 
Beach Bridge and running parallel 
with the Intracoastal Waterway to 
Channel Marker (Beacon) No. 39 at 
Bogue (Guthrie Point). 

(eC) In that area on the north side of the 
Intracoastal Waterway from the Old 
Ferry Channel to the Highway 58 
bridge. 

(12) Designated primary nursery areas in all 
coastal fishing waters which are listed 
in 15A NCAC 3R .0003, except Burton 
Creek off Lower Broad Creek in 
Pamlico County. 

(13) West and south of the Highway 58 
Bridge at Emerald Isle from May 1 
through October 31 in areas and during 
such times as the Fisheries Director 
shall designate by proclamation. 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1611 



PROPOSED RULES 



(b) It is unlawful to use pots from May \ 
through October 31 jn the areas described in 
Subparagraphs (b) (1) through (6) of this Rule 
except in accordance with 15A NCAC 3J 
.03Ql(a)(2)(B): 

(1) In Wysocking Bay: 

(A) Bound by a line beginning at a point 
on the south shore of Lone Tree 
Creek 35° 25' 05" N - 76° 02' 05" 
W running 239° (M) 1000 yards to a 
point 35° 24' 46" N - 76° 02' 32" 
W; thence 336° (M) 2200 yards to a 
point 35° 25' 42" N - 76° 03' 16" 
Wi thence 062° (M) 750 yards to a 
point on shore 35° 25' 54" N - 76° 
02' 54" W; thence following the 
shoreline and the Lone Tree Creek 
primary nursery area line to the 
beginning point; 

Bound by a line beginning at a point 
on the south shore of Mt. Pleasant 
Bay 35° 23' 07" N - 76° 04' 12" W 
running 083° (M) 1200 yards to a 
point 35° 23' 17" N - 76° 03' 32" 
Wi thence 023° (M) 2400 yards to a 
point 35° 24' 35" N - 76° 04' 00" 
W; thence 299° (M) 1100 yards to 
point on shore 35° 24' 38" N - 76° 
04' 48" W; thence following the 
shoreline and the Browns Island and 
Bay 



IBJ 



Mt. Pleasant 



primary 



nursery 

area line to the beginning point; 
except pots may be set no more than 



50 yards from the shoreline; 

(2) In Juniper Bay bound by a line 
beginning at a point on Juniper Bay 
Point 35° 20' 18" N - 76° 13' 22" W 
running 275° (M) 2300 yards to a point 
35° 20' 15" N - 76° 14' 45" W; thence 
007° (M) 2100 yards to Daymarker 
No. 3i thence 040° (M) 1 100 yards to 
a point on shore 35° 21' 45" N - 76° 
14' 24" W; thence following the 
shoreline and the Buck Creek primary 
nursery area line to the beginning point; 

(3) In Rose Bay bound by a line beginning 
at a point southwest of Swan Point 35° 
23: 56: N ; 76: 23: 39;: W running 
288° (M) 1500 yards to a point 35° 24' 
Qi: N ; 76: 24: 3r Wi thence 162° 
(M) 1650 yards to a point 35° 23' 19" 
N z 76: 24: 04: W; thence 084° (M) 
1350 yards to a point on shore 35° 23' 
29: N ; 76: 23: ii: Wi thence 
following the shoreline to the beginning 



point; 

(4) In Spencer Bay bound by a line begin- 
ning at a point on shore at Willow 
Point 35° 22' 26" N - 76° 28' 00" W 
running 059° (M) 1700 yards to a point 
35° 22' 57" N - 76° 27' 13" W; thence 
317° (M) 1500 yards to a point 35° 23' 
25: N ; 76: 27: 57: Wi thence 243° 
(M) 1300 yards to a point on shore 35° 
23: 02: N ; 76: 28: 35: W; thence 
following the shoreline to the beginning 
point; 

(5) In Bay River, beginning at a point on 
shore at Moore Creek 35° 08' 51" N - 
76° 40' 14" W; running 296° (M) to a 
point 35° 08' 59" N - 76° 50' 19" W; 
thence no more than 150 yards from 
shore to a point 35° 09' 43" N - 76° 
40' 06" W; thence running 134° (M) to 
a point on shore west of Bell Point 35° 
09' 40" N - 76° 40' 00" W; 

(6) In Neuse River: 



LAI 



Beginning at a point on shore north of 
Swan Creek 35° 07' 17" N - 76° 33' 
26" W running 1 15° (M) to a point 
near the six foot depth contour 35° 
or iS: N ; 76: 33: 16: Wi thence 
running 074° (M) to Beacon No. 2 at 
Maw Point Shoal; thence running 



' (M) to a point on shore 35° 08' 
N - 76° 32' 36" W: thence fol- 



im 



iCl 



ID] 



294' 
30" 

lowing the shoreline to the beginning 
point 35° 07' 17" N - 76° 33' 26" 
Wi 

Beginning at a point on shore north of 
Gum Thicket Creek 36° 04' 40" N - 
76: 35: 38: Wi thence running 129° 
iMJ to a point 35° 04' 12" N - 76° 
34: 12: W; thence running 355° (M) 
to Beacon No. X in Broad Creek; 
thence running the six foot contour 
line to Green Marker No. 3^ 
Beginning at a point on the eastern tip 
of Cockle Point 35° 03' 20" N - 76° 
38: 22: Wi thence running 100° (M) 
to a point 35° 03' 18" N - 76° 37' 
53" W; thence running 005° (M) to a 
point on shore 35° 03' 38" N 2 76° 
37: 54: Wi thence following the 
primary nursery area line to the be- 
ginning point 35° 03' 20" N - 76° 
38' 27" W; 

Beginning at a point on shore on the 
eastern side of the MBYB channel 
34° 58' 16" N - 76° 49' 05" W 



1612 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



running 186° (M) to a point on the 
six foot depth contour 34° 58' 07" N 
; 761 49^ 05^ W; thence following 
the six foot depth contour to a point 
34° 58' 24" N - 76° 46' 34" W: 
thence running 351° (M) to a point on 
shore 34° 58' 32" N - 76° 46' 38" 

(E) Beginning at a point on shore at 
Beards Creek 35° 00' 08" N - 76° 
52' 13" W; thence running 209° (M) 
to a Eoint 34° 59' 52" N - 76° 52' 
20" W; thence running along the six 
foot depth contour to a point 34° 59' 
25:: N ; 761 51/ 14:: Wi thence run- 
ning 043° (M) to a point on shore at 
Mill Creek 34° 59' 34" N - 76° 51' 
06" W. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

****************** 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as 15A NCAC lOB .0114, .0212, .0404; IOC 
.0205. .0407; WD .0002. and .0004. 

1 he proposed effective date of this action is July 
1, 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on January 4, 1994 at the Archdale Building, 
3rd Floor Conference Room, 512 N. Salisbury 
Street, Raleigh. NC 27604-1188. 

Mxeason for Proposed Action: 
ISA NCAC lOB .0114 - To clarify the prohibition 
against carrying certain weapons or tools while 
training dogs and to clarify that no hunting weap- 
ons or firearms may be possessed during certain 
field trials. 

ISA NCAC lOB .0212 - To be consistent with 
recent passage of local laws and general statutes. 
ISA NCAC JOB .0404 - To include any applicable 
general statutes or rules. 

ISA NCAC IOC .020S - To change boundaries of 
particular trout waters. 

ISA NCAC IOC .0407 - To regulate the taking of 
nongame fishes by special devices. 



ISA NCAC lOD .0002 - To clarify the inclusive 
dates for training dogs. 

ISA NCAC lOD .0004 - To exempt particular 
waters from trout water designation. 

L^omment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
December 1, 1993 to January 4, 1994. Such 
written comments must be delivered or mailed to 
the N. C Wildlife Resources Commission, 512 N. 
Salisbury^ Street, Raleigh, NC 27604-1188. 

CHAPTER 10 - WILDLIFE 
RESOURCES COMMISSION 

SUBCHAPTER lOB - HUNTING 
AND TRAPPING 

SECTION .0100 - GENERAL 
REGULATIONS 

.0114 DOG TRAINING AND FIELD TRIALS 

(a) Except as provided in Paragraphs (b) and (c) 
of this Rule, each person engaged in training or 
running a dog or dogs and each active participant 
in a field trial must have obtained a North Caroli- 
na hunting license. The term "active participant" 
as used herein includes each person who owns or 
handles dogs, carries a firearm, or is a member of 
an organized group engaged in the conduct of a 
field trial, but does not include a person who is 
observing a field trial incidentally or who has 
stopped to witness a part of it. 

(b) A person serving as judge of a 
commission-sanctioned field trial and any 
nonresident participating therein may do so without 
having a North Carolina license, provided such 
nonresident has in his possession a valid hunting 
license issued by the state of his residence. A 
"commission-sanctioned" field trial is one which, 
pursuant to a written request from the sponsoring 
organization, has been officially authorized in 
writing and scheduled for occurrence by an 
authorized representative of the Wildlife Resources 
Commission. 

(c) Persons without license may participate in 
commission-sanctioned field trials for beagles 
conducted without firearms on private field trial 
areas which are fenced in accordance with G.S. 
113-276(k). 

(d) Except as allowed by regulations pertaining 
to authorized field trials, it is unlawful to carry 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1613 



PROPOSED RULES 



firearms, axes, saws or climbing irons while 
training or running dogs during closed season on 
game animals. 

(e) Except as authorized in this Paragraph, no 
firearms or other hunting weapons may be carried 
possessed or used during any field trial for fox- 
hounds or any field trial conducted during the 
closed hunting season for any other species of 
wildlife serving as the quarry or prey. On a 
commission-sanctioned field trial for retrievers or 
bird dogs, shotguns containing live ammunition or 
firearms using only blank ammunition may be used 
only when the application for and the authorization 
of the field trial so provide. No wild waterfowl, 
quail or pheasant may be used in field trials when 
shotguns with live ammunition are permitted. All 
waterfowl, quail and pheasants so used must be 



obtained from a licensed game bird propagator. 
Each specimen of waterfowl so obtained shall be 
marked by one of the methods provided by 50 
C.F.R. 21.13. Each pheasant or quail so obtained 
shall be banded by the propagator prior to deliver}' 
with a metal leg band which is imprinted with the 
number of his propagation license. The purchaser 
of such birds shall obtain a copy of the receipt 
from the propagator showing the date and the 
number and species of birds purchased. The copy 
of the receipt shall be available for inspection by 
any authorized agent of the Wildlife Resources 
Commission during the time and at the place 
where the trial is being held. 

Authority G.S. 113-134: 113-273; 113-276; 
113-291.1; 113-291.5; 50 C.F.R. 21.13. 



SECTION .0200 - HUNTING 

.0212 FOXES (GRAY AND RED) 

(a) Seasons 

{4-) No closed s eason on taking foxe s with dogs; 

(1) (5) First Saturday to fourth Saturday in January with weapons or traps in the following counties: 



Brunswick 
Caswell 
Clay 
Graham 



Henderson 

Johnston 

Macon 

Sampson 



Stokes 
Tyrrell 



(2) (3^ No open weapons or trapping season in any other county, except where provided by local laws, 
(b) Bag Limit. 

Except in areas of open season for taking foxes with weapons or traps, foxes may not be 

intentionally killed by any method; 

In areas of open season set by the North Carolina Wildlife Resources Commission for taking fo.xes 

with weapons or traps the season harvest in each county is limited to the number of tags alloted 

for that county. Each fox must be immediately tagged at the scene of taking with tag previously 

obtained as provided by 15A NCAC lOB .0403(d); 

In areas of open season in all areas east of Interstate Highway 77 as set by the Legislature, the 

following bag limit applies: Daily, two; season, ten. 
Note: Where local laws governing the taking of foxes conflict with these Regulations, the local laws shall 
prevail. 



(1) 
(2) 

(3) 



Statutory- Autfwrity G.S. 113-134; 113-291.2; 113-291.4. 

SECTION .0400 - TAGGING FURS 

.0404 TRAPPERS AND HUNTERS 

(a) Every fox taken in an area of open season as provided by G.S. 1 13-291 .4 shall be tagged at the scene 
of taking. 

(b) Every person taking any bobcat or otter in this State, or any foxes under a depredation permit, general 
statute, rule, or local law that permits taking, shall obtain the necessary tags and affix each carcass or pelt 
with a proper tag before selling or transferring the same to any other person or transporting the same for any 
purpose, except that; 

( 1 ) A person may transport the same from the place of taking to his residence and from his residence 



1614 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



to a fur tag agent or taxidermist's place of business. 

(2) A person may transport tiie same from the place of taking to the nearest place in this State where 
the appropriate tag may be obtained. 

(3) The carcass, pelt or mounted specimen is exempt from tagging requirements while in the 
taxidermist's place of business or after the mount is completed. 

(4) A licensed trapper may take live foxes during any legal trapping season, except foxes taken under 
G.S. 113-291.4, without tagging them and sell them to a licensed controlled hunting preserve for 
fox in accordance with G.S. 113-273(g). 

(5) A person may take live foxes pursuant to a valid depredation permit issued under G.S. 
113-274(c)(la), without tagging them and sell them to a licensed controlled hunting preserve for 
fox in accordance with G.S. 113-273(g). 

No carcass or pelt of any bobcat, otter or fox taken within this State may be removed from the state without 
a proper fur tag having been affixed thereto, except a licensed taxidermist may ship the same to a tannery for 
processing. Any carcass or pelt remaining in a person's possession, except those in a licensed taxidermist's 
place of business or his taxidermy preservation facility, after the end of the season shall be properly tagged 
by him within 10 days following the close of such season. 

(c) In any case where the taking of foxes with weapons or traps and the sale thereof is authorized by local 
legislation, except live foxes taken by licensed trappers who live-trap foxes for sale during any open season 
or persons who take live foxes pursuant to a depredation permit in accordance with Rule .0409 of this Section, 
the hunter or trapper taking any such fox shall, in the absence of a specific provision to the contrary, obtain 
and aflix the carcass or pelt with a proper tag before selling or transferring the same to any other person, or 
transporting the same for any purpose than as authorized by Paragraph (a) of this Rule. 

Statutory Authority G.S. 113-134; 113-276.1; 1 13-291.4; S.L. 1985, chs. 108, 179, 180, 664 and 722. 

SUBCHAPTER IOC - INLAND FISHING REGULATIONS 

SECTION .0200 - GENERAL REGULATIONS 

.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. On game lands located in western North Carolina certain 
waters are designated as public mountain trout waters and classified as wild trout waters or hatchery supported 
waters. For specific classifications see Subparagraphs (1) and (2) of Paragraph (a) of this Rule. Other 
streams, portions of streams, and bodies of water which are not located on game lands are designated within 
this Rule as public mountain trout waters and are classified as hatchery supported trout waters or wild trout 
waters. These waters are posted and lists thereof are filed with the clerks of superior court of the counties 
in which they are located: 

(1) Hatchery Supported Trout Waters. The hatchery supported public mountain trout waters are 
designated in this Subparagraph under the counties where located. Where specific watercourses 
are listed indentation indicates the watercourse named is tributary to the next preceding watercourse 
named and not so indented. The designation applies to the entire watercourse or impoundment 
named, including tributaries when on game lands, except as otherwise indicated in parentheses 
following the name. Other clarifying information may also be included parenthetically: 
(A) Alleghany County: 

New River (not trout water) 

Little River (Whitehead to McCann Dam) 
Crab Creek 

Brush Creek (except where posted against trespass) 
Little Pine Creek 
Big Pine Creek 
Little Glade Creek 
Laurel Branch 
Big Glade Creek 
Bledsoe Creek 
Pine Swamp Creek 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1615 



PROPOSED RULES 



Waterfalls Creek (South Fork Little River)(except where posted against trespass) 
South Fork New River (not trout water) 
Prather Creek 
Cranberry Creek 
Piney Fork 
Meadow Fork 
Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (that portion on Stone Mountain State Park) Delayed Harvest 
Waters regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to Sharp Dam) 

Helton Creek (Virginia State line to New River) 

Big Horse Creek (SR 1361 bridge to Tuckerdale) 

Buffalo Creek (lieadwaters to junction of NC 194-88 and SR 1131) 

Big Laurel Creek 

Three Top Creek (portion not on game lands) 

Hoskins Fork (Watauga County line to North Fork New River) 
South Fork New River (not trout waters) 

Cranberry Creek (Alleghany County line to South Fork New River) 

Nathans Creek 

Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters) 

Trout Lake (Delayed harvest regulations apply) 

Roan Creek 

North Beaver Creek 

South Beaver Creek (lieadwaters to Ashe Lake) 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Call Creek (West Prong Old Fields Creek) 

Mill Creek (except where posted against trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell County line, except where posted against trespass) 
Plumtree Creek 
Roaring Creek 
Squirrel Creek 
Elk River (SR 1306 crossing to Tennessee State line) 
Elk River (Lees-McRae College boundary line to NC 194 bridge at Heaton, except where posted 

against trespass) 
Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of 
this Rule] 

Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (4) of Paragraph 
(a) of this Rule] 
Gragg Prong 
Webb Prong 
Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (2) of 

Paragraph (a) of this Rule] 
Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph 
(a) of this Rule] 
Boyde Coffey Lake 
Archie Coffey Lake 
Linville River (Sloop Dam to Blue Ridge Parkway boundary line) 



1616 8:17 NORTH CAROLINA REGISTER December 1, 1993 



( 



( 



( 



PROPOSED RULES 



^ 



\ 



\ 



Milltimber Creek 
Linville River [Land Harbor line (below dam) to Ben Aldridge line, except Bob Miller property] 

(D) Buncombe County: 

French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge) 

Dillingham Creek (Comer Rock Creek to Big Ivy Creek) 

Stony Creek 

Mineral Creek 

Comer Rock Creek 
Reems Creek ( Woodfin Watershed dam Sugar Camp Fork to US 19-23 bridge, except where 
posted against trespass) 
Swannanoa River (SR 2702 bridge near Ridgecrest to Sayles Bleachery in Asheville, except 

where posted against trespass) 
Bent Creek 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not trout water) 

Henry Fork (lower Morganton watershed line downstream to SR 1919 at Ivy Creek) 

Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) Delayed Harvest 
Regulations apply. See Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 
Parks Creek (not trout water) 

Carroll Creek (game lands above SR 1405) 
Linville River (game lands portion below the Blue Ridge Parkway and from first bridge on SR 
1223 below Lake James powerhouse to Muddy Creek) 

(F) Caldwell County: 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns Mountain Beach dam, except where posted against 
trespass) 

Estes Mill Creek (not trout water) 
Thorpe Creek (fells to NC 90 bridge) 
Mulberry Creek (not trout water) 

Boone Fork (not Hatchery Supported trout water) 
Boone Fork Pond 

(G) Cherokee County: 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, except where posted against trespass) 
North Shoal Creek (Crane Creek) (headwaters to SR 1325) 
Persimmon Creek 
Davis Creek 

Bald Creek 
Beaver Dam Creek (headwaters to SR 1326 bridge) 
Valley River 
Hyatt Creek 
Webb Creek 

Junaluska Creek ( bridge at U.S. Forest Service road tllO, Section No. 4 , Ashtura Creek to 
Valley River) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek (bear sanctuary line to SR 1300) 
Tusquitee Creek (headwaters to lower SR 1300 bridge) 
Tuni Creek 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1617 



PROPOSED RULES 



Chatuge Lake (not trout water) 

Shooting Creek (lieadwaters to US 64 bridge at SR 1338) 
Hothouse Branch 
Vineyard Creek 
([) Graham County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 
West Buffalo Crook 
Santeelah Reservoir (not trout water) 
West Buffalo Creek 

Santeelah Creek (Johns Branch to mouth) 
Huffman Creek (Little Buffalo Creek) 
Squalla Creek 

South Fork Squalla Creek 
Santeelah Creek (Johns Branch to mouth) 
Big Snowbird Creek (old railroad junction to mouth) 
Mountain Creek (game lands boundary to SR 1138 bridge) 
Long Creek (portion not on game lands) 
Tulula Creek (Tieadwaters to lower bridge on SR 1211) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Stecoah Creek 
Sawyer Creek 
Panther Creek 
(J) Haywood County: 

Pigeon River (not trout water) 
Hurricane Creek 
Cold Springs Creek 

Jonathans Creek - lower (concrete bridge in Dellwood to Pigeon River) 
Jonathans Creek - upper [SR 440? 1302 bridge (west) to SR 4403 1307 bridge] 
Hemphill Creek 

West Fork Region River (headwaters to Champion International property line, except Middle 
Prong) 
(K) Henderson County: 

Broad River (not trout water) 

Rocky Broad River (one-half mile north of Bat Cave to Rutherford County line) 
Green River - upper (mouth of Bob Creek to mouth of Rock Creek) 
Green River - lower (Lake Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk County line) 
Big Hungry River 
Little Hungry River 

North Fork Mills River (game lands portion below the Hendersonville watershed dam) 
(L) Jackson County: 

Tuckasegee River (confluence with West Fork Tuckasegee River to bridge at Wilmot) 
Scott Creek (entire stream, except where posted against trespass) 

Buff Creek (SR 1457 bridge below Bill Johnson's place to Scott Creek) 
North Fork Scott Creek 
Savannah Creek (Headwaters to Bradley's Packing House on NC 116) 

Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek) 
Cullowhee Creek (Tilley Creek to Tuckasegee River, except portion posted for Western Carolina 

University outdoor classroom) 
Bear Creek Lake 



1618 8:17 NORTH CAROLINA REGISTER December 1, 1993 



% 



( 



( 



PROPOSED RULES 



I 



^ 



I 



Wolf Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this 
Rule] 

Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of 
this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake) 
Shoal Creek (Glenville Reservoir pipeline to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain County line) Delayed Harvest Regulations apply to 
the portion from Whiteoak Creek to the Nantahala Power and Light powerhouse discharge 
canal. See Subparagraph (a)(5) of this Rule. 
Queens Creek Lake 

Roaring Fork Creek (game land boundary to mouth) 
Bumingtown Creek 

CuUasaja River (Sequoah Dam to US 64 bridge near junction of SR 1672) 
Ellijay Creek (except where posted against trespass) 
Skitty Creek (not trout water) 
Cliifside Lake 
Cartoogechaye Creek (US 64 bridge to Little Tennessee River) 

Tessentee Creek (Nichols Branch to Little Tennessee River, except where posted against 
trespassing) 
Savannah River (not trout water) 

Big Creek (base of fells to Georgia State line) 
(N) Madison County: 

French Broad River (not trout water) 
Shut-In Creek 

Spring Creek (junction of NC 209 and NC 63 to lower US Forest Service boundary line) 
Meadow Fork Creek 
Roaring Fork 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed boundary to Rice's Mill Dam) 
Shelton Laurel Creek (headwaters to NC 208 bridge) 
Big Creek (headwaters to lower game land boundary) 
Mill Creek 
Spillcom Creek 

Puncheon Fork (Hampton Creek to Big Laurel Creek) 
(O) McDowell County: 

Catawba River (not trout water) 
Buck Creek (not trout water) 

Little Buck Creek (game land portion) 
Curtis Creek (fish barrier to US 70 bridge) 
North Fork Catawba River (headwaters to North Cove School, SR 1569) 

Armstrong Creek (Cato Holler line downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to U.S. 70 Bridge, except where posted against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 

Big Rock Creek (headwaters to fishing club property above A.D. Harrel ferm) 

Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against 
trespass) 
Cane Creek (SR 1219 to Nolichucky River) 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1619 



PROPOSED RULES 



Grassy Creek (East Fork Grassy Creek to mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 1121, Altapass Road) 
(Q) Polk County: 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 108 bridge) 

Fork Creek (Fork Creek Church on SR 1 128 to North Pacolet River) 
Big Fall Creek (portion above and below water supply reservoir) 
Green River (Henderson County line to mouth of Brights Creek) 
Little Cove Creek 
Cove Creek 

Camp Creek [Henderson County line (top of falls) to Green River] 
Fulloms Creek (SR 1154 to Green River) 
(R) Rutherford County: 

Broad River (not trout water) 

Rocky Broad River (Henderson County line to head of rapids at Goose Pond Hole, except where 
posted against trespass) 
(S) Stokes County: 

Dan River (lower Flippin property line below SR 1416 to 2(X) yards downstream from end of SR 
1421) 
(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to SR 1759) Delayed Harvest regulations apply. See 
Subparagraph (5) of Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to SR 1625) 
Fisher River (Cooper Creek) (Virginia State line to NC 89 bridge) 
Little Fisher River (Virginia State line to NC 89 bridge) 
Merritt Creek 
(U) Swain County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Alarka Creek 

Nantahala River (Macon County line to existing Fontana Reservoir water level) 
Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River) 
Oconaluftcc River (not trout water) 

Connelly Creek 
Alarka Creek 

Nantahala River (Macon County line to exi s ting Fontana Lake water level) 
(V) Transylvania County: 

French Broad River (junction of west and north forks to US 276 bridge) 
Davidson River (Avery Creek to Ecusta intake) 

East Fork French Broad River (Glady Branch to French Broad River) 
Middle Fork French Broad River 
West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north 

forks) 
Savannah River (not trout water) 

Horsepasture River (Jackson County line to existing Lake Jocassee water level) 
Thompson River (SR 1 1 52 to South Carolina state line, except where posted against trespass) 
(W) V/atauga County: 

New River (not trout waters) 

North Fork New River (from confluence with Maine and Mine branches to Ashe County line) 



1620 8:17 NORTH CAROLINA REGISTER December 1, 1993 



f 



( 



( 



PROPOSED RULES 



\ 



) 



\ 



Maine Branch (headwaters to North Fork New River) 
South Fork New River (not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from lower fells) 
Middle Fork New River (Lake Chetola Dam to South Fork New River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes County line) 

Elk Creek (headwaters to gravel pit on SR 1508, except where posted against trespass) 
Watauga River (SR 1559 to SR 11 14 bridge) 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha) 
Dutch Creek (second bridge on SR 1 134 to mouth) 

Crab Orchard Creek 
Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (Bullhead Creek to Brewer's Mill on SR 1943) (Delayed harvest 
regulations apply to portion on Stone Mountain State Park) See Subparagraph (5) of 
Paragraph (a) of this Rule. 

Stone Mountain Creek (Delayed Harvest Regulations apply. See Subparagraph (5) of 
Paragraph (a) of this Rule.) 
Middle Prong Roaring River (headwaters to second bridge on SR 1736) 
Harris Creek (end of SR 1716 to mouth) 
Pell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear Prong) (headwaters to bridge on SR 1580) 
South Fork Reddies River (headwaters to NC 16 bridge) 

North Fork Reddies River (Vannoy Creek) (headwaters to Union School bridge on SR 
1559) 

North Prong Reddies River (Darnell Creek) (downstream ford on SR 1569 to confluence 
with North Fork) 
Lewis Fork Creek (not trout water) 

South Prong Lewis Fork (headwaters to Lewis Fork Baptist Church) 
Fall Creek (except portions posted against trespass) 
Stony Fork Creek (headwaters to Mt. Zion bridge near intersection of SR 1155 and SR 1167) 
(Y) Yancey County: 

Nolichucky River (not trout water) 

Cane River (Cattail Creek to Bowlens Creek) 
Bald Mountain Creek (except portions posted against trespass) 
Indian Creek (not trout water) 

Price Creek (junction of SR 1 120 and SR 1 121 to Indian Creek) 

South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except 

where posted against trespass) 

(2) Wild Trout Waters. All designated public mountain trout waters located on game lands are 

classified as wild trout waters unless classified otherwise. The trout waters listed in this 

Subparagraph are also classified as wild trout waters. On game lands all tributaries to wild trout 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1621 



PROPOSED RULES 



i 



waters are also classified as wild trout waters. 

(A) Alleghany County: 
Ramey Creek (entire stream) 
Stone Mountain Creek (that portion on Stone Mountain State Park) 

(B) Ashe County: 
Big Horse Creek (Virginia State Line to SR 1361 bridge) Catch and Release/ Artificial Lures Only 

Regulations apply. See Subparagraph (a)(3) of this Rule. 

(C) Avery County: 
Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 
Wilson Creek (Catch and Release/ Artificial Lures Only Regulations apply. See Subparagraph (a)(3) 

of this Rule.) 

(D) Buncombe County: 
Carter Creek (game land portion) (Catch and Release/ Artificial Lures only regulations apply. See 

Subparagraph (3) of Paragraph (a) of this Rule. 

(E) Burke County: 
All waters located on South Mountain State Park, except the main stream of Jacob Fork between 

the mouth of Shinny Creek and the lower park boundary where delayed harvest regulations 
apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

(F) Caldwell County: 
Buffalo Creek (lieadwaters to lower Dahl property line) 
Joe Fork (Watauga County line to falls) 
Rockhouse Creek (entire stream) 

(G) Jackson County: 

Gage Creek (entire stream) 
Tanasee Creek (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 
Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake) 
(H) Mitchell County: 

Green Creek (lieadwaters to Green Creek Bridge, except where posted against trespass) 
Little Rock Creek (headwaters to Green Creek Bridge, except where posted against trespass) 
Wiles Creek (game land boundary to mouth) 
(I) Transylvania County: 

South Fork Mills River (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 
(J) Watauga County: 

Watauga River (Avery County line to SR 1559) 

Boone Fork (Blue Ridge Parkway boundary line to Watauga River) [Catch and Release Fly 
Fishing Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 
Howards Creek (headwaters to lower falls) 
Dutch Creek (headwaters to second bridge on SR 1134) 
(K) Wilkes County: 

Big Sandy Creek (portion on Stone Mountain State Park) 

Garden Creek (portion on Stone Mountain State Park) 

Harris Creek and tributaries [portions on Stone Mountain State Park) [Catch and Release Artificial 

Lures Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] £ 



( 



Widow Creek (portion on Stone Mountain State Park) 
(L) Yancey County: 



1622 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



\ 



) 



\ 



Lickskillet Creek (entire stream) 

Middle Creek (game land boundary to mouth) 

Rock Creek (game land boundary to mouth) 

South Toe River (game land boundary downstream to Clear Creek) 

(3) Catch and Release/ Artificial Lures Only Trout Waters . Those portions of designated wild trout 
waters as listed in this Subparagraph, including tributaries except as noted, are further classified 
as Catch and Release/ Artificial Lures Only waters. Only artificial lures having one single hook 
may be used. No fish may be harvested or be in possession while fishing these streams: 

(A) Ashe County: 

Big Horse Creek (Virginia State line to SR 1361 bridge excluding tributaries) 
Three Top Creek (portion loc ated on Elk Ridge Game Land) 

(B) Avery County: 

Wilson Creek (game land portion) 

(C) Buncombe County: 

Carter Creek (game land portion) 

(D) Jackson County: 
Flat Creek 

Tuckasegee River (upstream of Clarke property) 

(E) McDowell County: 

Newberry Creek (game land portion) 

(F) Wilkes County: 

Harris C reek (portion on Stone Mountain State Park) 

(G) Yancey County: 
Lower Creek 
Upper Creek 

Harris Crock and tributaries (portion i a on Stone Mountain State Park, Wilkes County) 

Big Horse Creek, excluding tributaries (Virginia state line to SR 1361 bridge, Ashe County) 

Three Top Creek (portion located on Elk Ridge Game Lands, Aahc County) 

Wilson Creek (game lands portion, including tributarie s , Avory County) 

Upper Creek, Yancey County 

Lower Creek. Yancey County 

Tuckasegee River including all tributaries above the Clarke property, Jackson County 

Flat Crock, Jackson County 

Carter Crook (game lands portion), Buncombe County 

Newberry Creek (game land portion. McDowell County) 

(4) Catch and Release/ Artificial Flies Only Trout Waters . Those portions of designated wild trout 
waters as listed in this Subparagraph, including tributaries except as noted, are further classified 
as Catch and Release/Fly Fishing Only waters. Only artificial flies having one single hook may 
be used. No fish may be harvested or be in possession while fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek) 

(B) Transylvania County: 

Davidson River (headwaters to Avery Creek, excluding Avery Creek. Looking Glass Creek 
and Grogan Creek) 

(C) Watauga County: 

Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River) 

(D) Yancey County: 

South Toe River (portion from the concrete bridge above Black Mountain Campgroup downstream 

to game land boundary, excluding Camp Creek and Neals Creek) 
Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River, Watauga 

County) 
South Toe River (portion from the concrete bridge above Black Mountain Campground downstream 

to the game land boundary, excluding Camp Crock and Neals Crock, Yancey County) 
Lo s t Cove Creek (game land portion, excluding Gragg Prong and Rookhouse Crock, Avery 

County) 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1623 



PROPOSED RULES 



to the game land boundary', excluding Camp Crock and Ncals Creek. Yancey County) 
Lost Cove Crock (game land portion, excluding Gragg Prong and Rockhousc Crock, Avery 

County) 
Davidson Rivor (lieadwaten ; to Avery Creek excluding Avery Crock. Looking Glass Crock, and 

Grogan Creek. Transylvania County) 
(5) Delayed Harvest Trout Waters . Tliose portions of designated Hatchery Supported Trout Waters 
as listed in this Subparagraph, excluding tributaries except as noted, are further classified as 
Delayed Harvest Waters. Between 1 March and the Friday before the first Saturday in June, 
inclusive, it is unlawful to possess natural bait and only artificial lures with one single hook may 
be used. No fish may be harvested or be in possession while fishing these streams during this 
time. On the first Saturday in June these streams revert to Hatchery Supported Waters regulations: 
Ararat River (SR 1727 downstream to SR 1759, Surry County) 
East Prong Roaring River (from Bullhead Creek downstream to the lower Stone iMountain State 

Park boundary, Wilkes County) 
Trout Lake (Ashe County) 
Stone Mountain Creek (from falls at Alleghany County line to confluence with East Prong Roaring 

River and Bullhead Creek in Stone Mountain State Park, Wilkes County) 
Jacob Fork (Shinny Creek to lower South Mountain State Park boundary, Burke County) 
Nantahaia River (portion from Whiteoak Creek to the Nantahala Power and Light powerhouse 

discharge canal, Swain Macon County) 
(b) Fishing in Trout Waters 
(L) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner 
whatsoever from designated public mountain trout waters during the closed seasons for trout 
fishing. The seasons, size limits, creel limits and possession limits apply in all waters, whether 
designated or not, as public mountain trout waters. Except in power reservoirs and city water 
supply reservoirs so designated, it is unlawful to fish in designated public mountain trout waters 
with more than one line. Night fishing is not allowed in most hatchery supported trout waters on 
game lands [see 15A NCAC lOD .(XX)4(b)(l)]. 
(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3) and (4) of Paragraph (a) 
of this Rule, the following rules apply to fishing in wild trout waters. 

(A) Open Season. There is a year round open season for the licensed taking of trout. 

(B) Creel Limit. The daily creel limit is four trout. 

(C) Size Limit. The minimum size limit is seven inches. 

(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person 
shall possess natural bait while fishing wild trout waters. 

(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset 
and one-half hour before sunrise. 



Statutory Authority G.S. 113-134: 113-272; 113-292. 



SECTION .0400 - NONGAME 
FISH 

.0407 PERADTTED SPECIAL DEMCES 
AND OPEN SEASONS 

Except in designated public mountain trout 
waters, and in impounded waters located on the 
Sandhills Game Land, there is a year-round open 
season for the licensed taking of nongame fishes 
by bow and arrow. Seasons and waters in which 
the use of other special devices is authorized are 
indicated by counties below: 

(1) Alamance: 
(a) July 1 to August 31 with seines in 
Alamance Creek below NC 49 bridge 



(l3) 



(2) 



(3) 



(4) 
(a) 

(b) 



and Haw River; 

July 1 to June 30 with gigs in ail public 

waters; 
Alexander: July 1 to June 30 with traps 
and gigs in all public waters; and with 
spear guns in Lake Hickory and Lookout 
Shoals Reservoir; 

Alleghany: July 1 to June 30 with gigs 
in New River, except designated public 
mountain trout waters; 
Anson: 

July 1 to June 30 with traps and gigs in 

all public waters; 

December 1 to June 5 with dip and bow 

nets in Pee Dee River below Blewett 



1624 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



\ 



(5) 



(6) 
(a) 



) 



\ 



Falls Dam, and with gill nets in Pee 
Dee River below the lower end of Goat 
Island; 
(c) July 1 to August 31 with seines in all 
running public waters, except Pee Dee 
River from Blewett Falls downstream to 
the Seaboard Coast Line Railroad tres- 
tle; 
Ashe: July 1 to June 30 with gigs in 
New River (both forks), except designat- 
ed public mountain trout waters; 
Beaufort: 
July 1 to June 30 with traps in the 
Pungo River, and in the Tar and 
Pamlico Rivers above Norfolk and 
Southern Railroad bridge; and with gigs 
in all inland public waters; 
(b) December 1 to June 5 with dip and bow 
nets in all inland public waters; with 
drift gill nets in Tar River upstream 
from the Norfolk and Southern Railroad 
bridge at Washington to the Pitt County 
line; and with gill nets in all other 
inland public waters, except Blounts 
Creek, Chocowinity Bay, Durham 
Creek, Mixon Creek and Nevil Creek 
and their tributaries. 
Bertie: 
July 1 to June 30 with traps in the 
Broad Creek (tributary of Roanoke); 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in all inland public waters; 

(8) Bladen: 

(a) December 1 to March 1 with gill nets 
in all inland public waters, except 
Jones, Salters, White, Singletary and 
Baytree (Black) Lakes; 

(b) December 1 to May 1 with gill nets in 
Black River; 

(c) December 1 to June 5 with dip and bow 
nets in Black River; 

(9) Brunswick: 

(a) December 1 to March 1 with gill nets 
in all inland public waters; 

(b) December 1 to May 1 with dip, bow, 
and gill nets in Alligator Creek, Hoods 
Creek, Indian Creek, Orton Creek 
below Orton Pond, Rices Creek, 
Sturgeon Creek and Town Creek; 

(10) Buncombe: July 1 to June 30 with gigs 
in all public waters, except designated 
public mountain trout waters; 



(7) 
(a) 

(b) 



(11) Burke: 

(a) July 1 to August 31 with seines in all 
running public waters, except Johns 
River and designated public mountain 
trout waters; 

(b) July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout waters 
and Lake James; 

(12) Cabarrus: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(13) Caldwell: July 1 to June 30 with traps, 
gigs, and spear guns in all public waters, 
except designated public mountain trout 
waters; 

(14) Camden: 

(a) July 1 to June 30 with traps in all 
inland public waters; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in all inland public waters; 

(15) Carteret: December 1 to June 5 with 
dip, bow, and gill nets in all inland 
public waters except South River and the 
tributaries of the White Oak River; 

(16) Caswell: 

(a) July 1 to June 30 with gigs in all public 
waters; 

(b) July 1 to August 31 with seines in all 
running public waters, except Moons 
Creek; 

(c) July 1 to June 30 with traps in Hyco 
Reservoir; 

(17) Catawba: 

(a) July 1 to August 31 with seines in all 
running public waters, except Catawba 
River below Lookout Dam; 

(b) July 1 to June 30 with traps, spear 
guns, and gigs in all public waters; 

(18) Chatham: 

(a) December 1 to April 15 with dip and 
gill nets in the Cape Fear River, Deep 
River, Haw River and Rocky River 
(local law); 

(b) July 1 to August 31 with seines in the 
Cape Fear River, and Haw River; 

(c) July 1 to June 30 with traps in Deep 
River; and with gigs in all public 
waters; 

(19) Cherokee: July 1 to June 30 with gigs in 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1625 



PROPOSED RULES 



(20) 
(a) 



(b) 



(21) 



(22) 
(a) 

(b) 

(23) 
(a) 



(b) 

(24) 
(a) 

(b) 



(25) 

(26) 
(a) 



(27) 
(a) 



(b) 



all public waters, except designated 

public mountain trout waters; 

Chowan: 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in all inland public waters, except 
Bennetts Mill Pond and Dillard Pond; 
July 1 to June 30 with traps in all 
inland public waters, excluding public 
lakes, ponds, and other impounded 
waters; 

Clay: July 1 to June 30 with gigs in all 

public waters, except designated public 

mountain trout waters; 

Cleveland: 
July 1 to August 31 with seines in all 
running public waters; 
July 1 to June 30 with gigs, traps and 
spear guns in all public waters; 

Columbus: 
December 1 to March 1 with gill nets 
and gigs in all inland public waters, 
except Lake Waccamaw and its inlets; 
December 1 to June 5 with dip, bow, 
and gill nets in Livingston Creek; 

Craven: 
July 1 to June 30 with traps in the main 
run of the Trent and Neuse Rivers; 
December 1 to June 5 with dip, bow, 
and gill nets in all inland public waters, 
except Pitch Kettle, Grindle, Slocum, 
Spring and Hancock Creeks and their 
tributaries; with dip and bow nets in 
Slocum Creek above the US 70 bridge; 
and with seines in the Neuse River; 

Cumberland: December 1 to March 1 

with gill nets in all inland public waters; 

Currituck: 
July 1 to June 30 with traps in Tulls 
Creek and Northwest River; 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in Northwest River and Tulls 
Creek; 

Dare: 
July 1 to June 30 with traps in Mashoes 
Creek. Milltail Creek, East Lake and 
South Lake; 

December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 



(28) 
(a) 

(b) 



(29) 
(a) 

(b) 



(30) 
(a) 



(h) 



(31) 
(a) 

(h) 

(32) 
(a) 

(b) 



(33) 



(34) 
(a) 



(b) 

(c) 



other impounded waters; and with gill 
nets in Martin Point Creek; 

Davidson: 
July 1 to August 31 with seines in all 
running public waters, 
July 1 to June 30 with gigs in all public 
waters, and with traps in all public 
waters except Leonard's Creek, 
Abbott's Creek below Lake 
Thom-A-Lex dam, and the Abbott's 
Creek arm of High Rock Lake 
upstream from the NC 8 bridge; 

Davie: 
July 1 to June 30 with traps and gigs in 
all public waters; 

July 1 to August 31 for taking only 
carp and suckers with seines in 
Dutchmans Creek from US 601 to 
Yadkin River and in Hunting Creek 
from SR 1338 to South Yadkin River; 

Duplin: 
December 1 to March 1 with gill nets 
in Baysden Pond and in the Northeast 
Cape Fear River, including old 
channels from a point one mile above 
SR 1700 (Serecta) Bridge downstream 
to the county line; 

December 1 to June 5 with dip. bow, 
and gill nets and seines in the main run 
of the Northeast Cape Fear River 
downstream from a point one mile 
above Serecta Bridge; 

Durham: 
July 1 to August 31 with seines in 
Neuse River, 

July 1 to June 30 with gigs in all public 
waters: 

Edgecombe: 
December 1 to March 15 with gill nets 
in Noble Mill Pond and Wiggins Lake; 
December 1 to June 5 with dip and bow 
nets in all public waters; and with drift 
gill nets in Tar River below the bridge 
at Old Sparta to the Pitt County line; 

Forsyth: July 1 to June 30 with traps 

and gigs in all public waters, except traps 

may not be used in Belews Creek 

Reservoir; 

Franklin: 
December 1 to March 1 with gill nets 
in Clifton Pond, Parrish Pond, Jackson 
Pond and Lake Royale; 
July 1 to August 31 with seines in Tar 
River; 
July 1 to June 30 with gigs in all public 



1626 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



(35) 
(a) 

(b) 

(36) 



(37) 



(38) 
(a) 

(b) 



(c) 

(d) 

(39) 



(40) 
(a) 



(b) 

(41) 
(a) 

(b) 



(c) 



(42) 
(a) 

(b) 



waters, except Parrish, Laurel Mill, 
Jackson, Clifton, Moore's and Perry's 
Ponds, and in the Franklinton City 
ponds; 
Gaston: 
July 1 to August 31 with seines in all 
running public waters; 
July 1 to June 30 with gigs, traps and 
spear guns in all public waters; 
Gates: December 1 to June 5 with dip 
and bow nets in all inland public waters, 
excluding public lakes, ponds, and other 
impounded waters; and with gill nets in 
all inland public waters, except Williams 
(Merchants Mill) Pond; 
Graham: July I to June 30 with gigs in 
all public waters, except designated 
public mountain trout waters; 
Granville: 
July 1 to June 30 with gigs in all public 
waters, except Kerr Reservoir; 
July 1 to August 31 with seines in the 
Neuse River and the Tar River below 
US 158 bridge; 

July 1 to June 30 with dip and cast nets 
in Kerr Reservoir; 

July 1 to June 30 with cast nets in all 
public waters; 
Greene: December I to June 5 with dip, 
bow, and gill nets and reels in 
Contentnea Creek; 
Guilford: 
July 1 to August 31 with seines in Haw 
River, Deep River below Jamestown 
Dam, and Reedy Fork Creek below US 
29 bridge; 

July 1 to June 30 with gigs in all public 
waters; 
Halifax: 
December 1 to March I with gill nets 
in White's Mill Pond; 
December 1 to June 5 with dip and bow 
nets in Beech Swamp, Clarks Canal, 
Conoconnara Swamp, Fishing Creek 
below the Fishing Creek Mill Dam, 
Kehukee Swamp, Looking Glass Gut, 
Quankey Creek, and White's Mill Pond 
Run; 

July 1 to June 30 with dip and cast nets 
in Gaston Reservoir and Roanoke 
Rapids Reservoir; 
Harnett: 
December 1 to March 1 with gill nets 
in all inland public waters; 
January 1 to May 31 with gigs in Cape 



(c) 
(43) 

(44) 



(45) 
(a) 

(b) 



(46) 

(47) 
(a) 

(b) 



(48) 



(49) 



(50) 
(a) 



(b) 



(51) 
(a) 



(b) 



Fear River and tributaries; 
December 1 to June 5 with dip and bow 
nets in Cape Fear River; 
Haywood: July I to June 30 with gigs in 
all public waters, except Lake Junaluska 
and designated public mountain trout 
waters; 

Henderson: July I to June 30 with gigs 
in all public waters, except designated 
public mountain trout waters; 
Hertford: 
July I to June 30 with traps in 
Wiccacon Creek; 

December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in all inland public waters, except 
mill ponds; 
Hoke: December 1 to March I with gill 
nets in all inland public waters; 
Hyde: 
July 1 to June 30 with traps in all 
inland waters; 

December 1 to June 5 with dip and bow 

nets in all inland public waters, 

excluding public lakes, ponds, and 

other impounded waters; and with gill 

nets in Pungo River and tributaries 

upstream from US 264 bridge, Scranton 

Creek, and Long Shoal River and 

tributaries; 

Iredell: July I to June 30 with traps and 

gigs in all public waters; and with spear 

guns in Lookout Shoals Reservoir and 

Lake Norman; 

Jackson: July I to June 30 with gigs in 
all public waters, except designated 
public mountain trout waters; 
Johnston: 
December 1 to March 1 with gill nets 
in Cattails Lake, Holts Lake, Holts 
Pond, and Wendell Lake; 
December I to June 5 with dip and bow 
nets in Black Creek, Little River, 
Middle Creek, Mill Creek, Neuse 
River, and Swift Creek; 
Jones: 
July 1 to June 30 with traps in the 
Trent River below US 17 bridge and 
White Oak River below US 17 bridge; 
December I to June 5 with dip, bow, 
and gill nets in all inland public waters, 
except the White Oak River and its 
tributaries; 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1627 



PROPOSED RULES 



(c) December 1 to June 5 with dip and bow 
nets in the main run of the White Oak 
River; 

(d) March 1 to April 30 with gill nets in 
the main run of the White Oak River; 

(52) Lee: 

(a) December 1 to April 15 with dip and 
gill nets (local law) in Cape Fear River 
and Deep River; and with gill nets in 
Morris Pond; 

(b) July 1 to August 31 with seines in Cape 
Fear River; 

(c) July 1 to June 30 with traps in Deep 
River, and with gigs in all public 
waters; 

(53) Lenoir: 

(a) July 1 to June 30 with traps in Neuse 
River below US 70 bridge at Kinston; 

(b) December 1 to June 5 with dip, bow, 
and gill nets in Neuse River and 
Contentnea Creek upstream from NC 
118 bridge at Grifton; and with seines 
in Neuse River; 

(54) Lincoln: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with traps, gigs and 
spear guns in all public waters; 

(55) McDowell: 

(a) July 1 to August 31 with seines in all 
running public waters, except 
designated public mountain trout 
waters; 

(b) July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout waters 
and Lake James; 

(56) Macon: July 1 to June 30 with gigs in 
all public waters, except designated 
public mountain trout waters; 

(57) Madison: July 1 to June 30 with gigs in 
all public waters, except designated 
public mountain trout waters; 

(58) Martin: December 1 to June 5 with dip 
and bow nets in all inland public waters, 
excluding public lakes, ponds, and other 
impounded waters; and with gill nets in 
all inland public waters; 

(59) Mecklenburg: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with traps, gigs and 
spear guns in all public waters except 
Freedom Park Pond and Hornet's Nest 
Ponds ; 



(60) Montgomery: 

(a) July 1 to August 31 with seines in all 
running public waters, except that part 
of the Pee Dee River between the Lake 
TiUery dam at Hydro and the mouth of 
Rocky River; 

(b) July 1 to June 30 with traps and gigs in 
all public waters; 

(61) Moore: 

(a) December 1 to April 15 with gill nets 
in Deep River and all tributaries; 

(b) July 1 to August 31 with seines in all 
running public waters except in Deep 
River; 

(c) July 1 to June 30 with gigs in all public 
waters, except lakes located on the 
Sandhills Game Land; and with traps in 
Deep River and its tributaries; 

(62) Nash: 

(a) December 1 to March 1 with gill nets 
in Boddies Pond and Camp Charles 
Lake; 

(b) July 1 to June 30 with gigs in all public 
waters, except Tar River; 

(c) December 1 to June 5 with dip and bow 
nets in the Tar River below Harris' 
Landing and Fishing Creek below the 
Fishing Creek Mill Dam; 

(63) New Hanover: December 1 to June 5 
with dip, bow, and gill nets in all inland 
public waters, except Sutton (Catfish) 
Lake; 

(64) Northampton: 

(a) July 1 to June 30 with gigs in all public 
waters, except Gaston and Roanoke 
Rapids Reservoirs and the Roanoke 
River above the US 301 bridge; 

(b) December 1 to June 5 with dip and bow 
nets in Occoneechee Creek, Old River 
Landing Gut; and with dip, bow and 
gill nets in Vaughans Creek below 
Watsons Mill; 

(c) July 1 to June 30 with dip and cast nets 
in Gaston Reservoir and Roanoke 
Rapids Reservoir; 

(65) Onslow: 

(a) July 1 to June 30 with traps in White 
Oak River below US 17 bridge; 

(b) August 1 to March 31 with eel pots in 
the main run of New River between US 
17 bridge and the mouth of Hawkins 
Creek; 

(c) December 1 to March 1 with gill nets 
in Catherine Lake and Baysden Pond; 

(d) December 1 to June 5 with dip, bow. 



1628 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



(e) 

(66) 
(a) 

(b) 

(67) 



(68) 
(a) 

(b) 



(69) 

(a) 



(b) 



(70) 
(a) 

(b) 



(71) 
(a) 

(b) 

(72) 
(a) 



(l3) 



and gill nets in the main run of New 
River; and with dip and bow nets in the 
main run of the White Oak River; 
March 1 to April 30 with gill nets in 
the main run of the White Oak River; 
and with dip, bow and gill nets in 
Grant's Creek; 

Orange: 
July 1 to August 31 with seines in Haw 
River, 

July 1 to June 30 with gigs in all public 
waters ; 

Pamlico: December 1 to June 5 with 

dip, bow and gill nets in all inland public 

waters; 

Pasquotank: 
July 1 to June 30 with traps in all 
inland waters; 

December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in all inland public waters; 

Pender: 
December 1 to June 5 with dip, bow, 
and gill nets in the Northeast Cape Fear 
River and Long Creek; with dip and 
bow nets in Black River; and with 
seines in the main run of Northeast 
Cape Fear River; 

December 1 to May 1 with gill nets in 
Black River; and with dip, bow, and 
gill nets in Moore's Creek 
approximately one mile upstream to 
New Moon Fishing Camp; 

Perquimans : 
July 1 to June 30 with traps in all 
inland waters; 

December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with gill 
nets in all inland public waters; 

Person: 
July 1 to August 3 1 with seines in Hyco 
Creek and Mayo Creek; 
July 1 to June 30 with gigs in all public 
waters. 

Pitt: 
July 1 to June 30 with traps in Neuse 
River and in Tar River below the 
mouth of Hardee Creek east of 
Greenville; 

December 1 to June 5 with dip, bow 
and drift gill nets and with seines in Tar 



(73) 



(74) 
(a) 

(b) 



(c) 

(75) 
(a) 



(b) 



(c) 



(76) 



(77) 
(a) 

(h) 



(78) 
(a) 

(b) 

(79) 
(a) 



(b) 



(80) 
(a) 



River; and with dip, bow and gill nets 
in all other inland public waters, except 
Grindle Creek, and Contentnea Creek 
between NC 1 1 8 bridge at Grifton and 
the Neuse River; 

Polk: July 1 to June 30 with gigs in all 

public waters, except designated public 

mountain trout waters; 

Randolph: 
December 1 to March 1 with gill nets 
in Deep River and Uwharrie River; 
July 1 to August 31 with seines in Deep 
River above the Coleridge Dam and 
Uwharrie River; 

July 1 to June 30 with gigs in all public 
waters; 

Richmond: 
July 1 to August 31 with seines in all 
running public waters, except Pee Dee 
River from Blewett Falls downstream to 
the Seaboard Coast Line Railroad 
trestle; 

July 1 10 June 30 with traps and gigs in 
all public waters, except lakes located 
on the Sandhills Game Land; 
December 1 to June 5 with dip and bow 
nets in Pee Dee River below Blewett 
Falls Dam, and with gill nets in Pee 
Dee River below the mouth of 
Cartledge Creek; 

Robeson: December 1 to March 1 with 

gill nets and gigs in all inland public 

waters; 

Rockingham: 
July 1 to August 31 with seines in Dan 
River and Haw River; 
July 1 to June 30 with traps in Dan 
River; and with gigs in all public 
waters; 

Rowan: 
July 1 to August 31 with seines in all 
running public waters, 
July 1 to June 30 with traps and gigs in 
all public waters; 

Rutherford: 
July 1 to August 31 with seines in all 
running public waters, except 
designated public mountain trout 
waters; 

July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout 
waters; 

Sampson: 
December 1 to March 1 with gill nets 



8:17 



NORTH CAROLINA REGISTER 



December I, 1993 



1629 



PROPOSED RULES 



in all inland public waters; 

(b) December 1 to May 1 with gill nets in (89) 
Big Coharie Creek, Black River, and (a) 
Six Runs Creek; 

(c) May 2 to June 5 with gill nets of no (b) 
less than five and one-half inch stretch 

measure in Big Coharie Creek, Black (c) 

River, and Six Runs Creek; 

(d) December 1 to June 5 with dip and bow 
nets in Big Coharie Creek, Black River, 

and Six Runs Creek; (d) 

(81) Scotland: December 1 to March 1 with 

gill nets in all inland public waters, (e) 

except lakes located on the Sandhills 

Game Land; (90) 

(82) Stanly: (a) 

(a) July 1 to August 31 with seines in all 
running public waters, except that part 

of the Pee Dee River between the Lake (b) 

Tillery dam at Hydro and the mouth of 
Rocky River; 

(b) July 1 to June 30 with traps and gigs in 

all public waters; (91) 

(83) Stokes: July 1 to June 30 with traps and (a) 
gigs in all public waters, except 
designated public mountain trout waters, 

and traps may not be used in Belews 
Creek Reservoir; (b) 

Surry: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; and with traps in 
the main stem of Yadkin River; (c) 

Swain: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; (d) 

Transylvania: July 1 to June 30 with 
gigs in all public waters, except (92) 

designated public mountain trout waters; (a) 

Tyrrell: 
July 1 to June 30 with traps in (b) 

Scuppemong River, Alligator Creek, 
and the drainage canals of Lake Phelps 
except Bee Tree Canal within 50 yards 
of the Lake Phelps fish ladder; 
(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding Lake Phelps, Bee Tree Canal 
within 50 yards of the Lake Phelps fish 
ladder, public lakes, ponds and other 
impounded waters; and with gill nets in 
Alligator Creek; 
(88) Union: 
(a) July 1 to August 31 with seines in all 

running public waters, (94) 

(h) July 1 to June 30 with traps and gigs in 



(84) 



(85) 



(86) 



(87) 
(a) 



(93) 
(a) 



(b) 



all public waters; 

Vance : 
December 1 to March 1 with gill nets 
in Southerlands Pond and Ellis Pond; 
July 1 to August 31 with seines in the 
Tar River; 

July 1 to June 30 with gigs in all public 
waters, except Rolands, Faulkners, 
Southerlands, and Weldon Ponds, City 
Lake, and Kerr Reservoir; 
July 1 to June 30 with dip and cast nets 
in Kerr Reservoir; 

July 1 to June 30 with cast nets in all 
public waters; 

Wake: 
July 1 to June 30 with gigs in all public 
waters, except Sunset, Benson, 
Wheeler, Raleigh, and Johnson Lakes; 
December 1 to June 5 with dip and bow 
nets in the Neuse River below 
Milburnie Dam, and Swift Creek below 
Lake Benson Dam; 

Warren: 
July 1 to August 31 with seines in 
Fishing Creek, Shocco Creek, and 
Walker Creek; excluding Duck and 
Hammes Mill Ponds; 
July 1 to June 30 with gigs in all public 
waters, except Duck and Hammes Mill 
Ponds, Kerr Reservoir, and Gaston 
Reservoir; 

July 1 to June 30 with dip and cast nets 
in Kerr Reservoir and Gaston 
Reservoir; 

July 1 to June 30 with cast nets in all 
public waters; 

Washington: 
July 1 to June 30 with traps in the 
drainage canals of Lake Phelps; 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding Lake Phelps, public lakes, 
ponds and other impoundments; and 
with gill nets in Conaby Creek; 

Wayne: 
December 1 to March 1 with gill nets 
in Sasser's Mill Pond and Sleepy Creek 
Lake; 

December 1 to June 5 with dip and bow 
nets in Little River, Mill Creek, and 
Neuse River, except from Quaker Neck 
Dam downstream to SR 1008 (Tolar) 
bridge; 

Wilkes: July 1 to June 30 with traps in 

Yadkin River below W. Kerr Scott 



1630 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



Reservoir; and with gigs and spear guns 
in all public waters, except designated 
public mountain trout waters; 

(95) Wilson: 

(a) July 1 to June 30 with gigs in 
Contentnea Creek (except Buckhom 
Reservoir), including unnamed 
tributaries between Flowers Mill and 
SR 1163 (Deans) bridge; 

(b) December 1 to June 5 with dip and bow 
nets in Contentnea Creek below US 301 
bridge and in Toisnot Swamp 
downstream from the Lake Toisnot 
Dam; 

(c) January' 1 to March 1 with gill nets in 
Silver Lake; 

(96) Yadkin: July 1 to June 30 with gigs in 
all public waters, and with traps in the 
main stem of Yadkin River. 



Statutory Authority G. S. 
113-292. 



113-134; 113-276; 



SUBCHAPTER lOD - GAME 
LANDS REGULATIONS 

.0002 GENERAL REGULATIONS 
REGARDING USE 

(a) Trespass. Entry on game lands for purposes 
other than hunting, trapping or fishing shall be as 
authorized by the landowner and there shall be no 
removal of any plants or parts thereof, or other 
materials, without the written authorization of the 
landowner. Travel is restricted, except by 
authorized personnel, to direct access from SR 
2074 to the established waterfowl viewing stands 
on Cowan's Ford Waterfowl Refuge. The Wildlife 
Resources Commission may designate areas on 
game lands as either an Archery Zone, Safety 
Zone or Restricted Zone. 

(1) Archery Zone. On portions of game 
lands posted as "Archery Zones" 
hunting is limited to bow and arrow 
hunting only. 

(2) Safety Zone. On portions of game 
lands posted as "Safety 2^nes" hunting 
is prohibited. No person shall hunt or 
discharge a firearm or bow and arrow 
within, into, or across a posted safety 
zone on any game land. 

(3) Restricted Zone. Portions of game 
lands posted as "Restricted Zones" are 
closed to all use by the general public, 
and entry upon such an area for any 
purpose is prohibited without first 



having obtained specific written 
approval of such entry or use from an 
authorized agent of the Wildlife 
Resources Commission. 
(4) Establishment of Archery and 
Restricted Zones. The Commission 
will conduct a public input meeting in 
the area where the game land is located 
before establishing any archery or 
restricted zone. After the input meeting 
the public comments will be presented 
to an official Commission meeting for 
final determination. 

(b) Littering. No person shall deposit any litter, 
trash, garbage, or other refuse at any place on any 
game land except in receptacles provided for 
disposal of such refuse at designated camping and 
target-shooting areas. No garbage dumps or 
sanitary landfills shall be established on any game 
land by any person, firm, corporation, county or 
municipality, except as permitted by the 
landowner. 

(c) Possession of Hunting Devices. It is 
unlawful to possess a firearm or bow and arrow on 
a game land at any time except during the open 
hunting seasons or hunting days for game birds or 
game animals, other than fox, thereon unless said 
device is cased or not immediately available for 
use, provided that such devices may be possessed 
and used by persons participating in field trials on 
field trial areas and on target shooting areas 
designated by the landowner, and possessed in 
designated camping areas for defense of persons 
and property; and provided further that .22 caliber 
pistols with barrels not greater than seven and 
one-half inches in length and shooting only short, 
long, or long rifle ammunition may be carried as 
side arms on game lands at any time other than by 
hunters during the special bow and arrow and 
muzzle-loading firearms deer hunting seasons and 
by individuals training dogs during closed season 
without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow 
as a licensed special fishing device in those waters 
where such use is authorized. During the closed 
firearms seasons on big game (deer, bear, boar, 
wild turkey), no person shall possess a shotgun 
shell containing larger than No. 4 shot or any rifle 
or pistol larger than a .22 caliber rimfire while on 
a game land, except that shotgun shells containing 
any size steel or non-toxic shot may be used while 
waterfowl hunting. No person shall hunt with or 
have in possession any shotgun shell containing 
lead or toxic shot while hunting on any posted 
waterfowl impoundment on any game land, or 



8:17 



NORTH CAROLINA REGISTER 



December I, 1993 



1631 



PROPOSED RULES 



while hunting waterfowl on Butner-Falls of Neuse 
Game Land or New Hope Game Land, except 
shotgun shells containing lead buckshot may be 
used while deer hunting. 

(d) Game Lands License 

(1) Hunting and Trapping 

(A) Requirement. Except as provided in 
Part (B) of this Subparagraph, any 
person entering upon any game land 
for the purpose of hunting, trapping, 
or participating in dog training or 
field trial activities must have in his 
possession a game lands license in 
addition to the appropriate hunting or 
trapping licenses. 

(B) Exceptions 

(i) A person under 16 years of age 
may hunt on game lands on the 
license of his parent or legal 
guardian. 

(ii) The resident and nonresident 
sportsman's licenses include game 
lands use privileges. 

(iii) Judges and nonresidents 
participating in field trials under 
the circumstances set forth in 
Subsection (e) of this Rule may 
do so without the game lands 
license. 

(iv) On the game lands listed in Rule 
.0003(d)(1) of this Subchapter the 
game lands license is required 
only for hunting doves; all other 
acti\ities are subject to the control 
of the landowners. 

(2) Trout Fishing. Any person 16 years of 
age or over, including an individual 
fishing with natural bait in the county 
of his residence, entering a game land 
for the purpose of fishing in designated 
public mountain trout waters located 
thereon must have in his possession a 
game lands license in addition to the 
regular fishing license and special trout 
license. The game lands license is not 
required to fish in that part of Slick 
Rock Creek which coincides with the 
Tennessee State line, or when fishing 
from boat on Calderwood Lake. The 
resident and nonresident sportsman's 
licenses and short-term comprehensive 
fishing licenses include trout fishing 
privileges on game lands. 

(e) Field Trials and Training Dogs. A person 
serving as judge of a field trial which, pursuant to 



a written request from the sponsoring organization, 
has been officially authorized in writing and 
scheduled for occurrence on a game land by an 
authorized representative of the Wildlife Resources 
Commission, and any nonresident participating 
therein may do so without procuring a game lands 
license, provided such nonresident has in his 
possession a valid hunting license issued by the 
state of his residence. 

Any individual or organization sponsoring a field 
trial on the Sandhills Field Trial grounds or the 
Laurinburg Fox Trial facility shall file with the 
commission's agent an application to use the area 
and facility accompanied by a check for the facility 
use fee computed at the rate of fifty dollars 
($50. (X)) for each scheduled day of the trial. The 
total facility use fee will cover the period from 
12:00 noon of the day preceding the first 
scheduled day of the trial to 10:00 a.m. of the day 
following the last scheduled day of the trial. The 
facility use fee must be paid for all intermediate 
days on which for any reason trials are not run but 
the building or facilities are used or occupied. A 
fee of twenty-five dollars ($25.00) per day shall be 
charged to sporting, educational, or scouting 
groups for scheduled events utilizing the club 
house only. No person or group of persons or any 
other entity shall enter or use in any manner any 
of the physical facilities located on the Laurinburg 
Fox Trial or the Sandhills Field Trial grounds 
without first having obtained specific written 
approval of such entry or use from an authorized 
agent of the Wildlife Resources Commission, and 
no such entry or use of any such facility shall 
exceed the scope of or continue beyond the 
specific approval so obtained. 

The Sandhills Field Trial facilities shall be used 
only for field trials scheduled with the approval of 
the Wildlife Resources Commission. No more 
than 16 days of field trials may be scheduled for 
occurrence on the Sandhills facilities during any 
calendar month, and no more than four days may 
be scheduled during any calendar week; provided, 
that a field trial requiring more than four days may 
be scheduled during one week upon reduction of 
the maximum number of days allowable during 
some other week so that the monthly maximum of 
16 days is not e.xceeded. Before October 1 of each 
year, the North Carolina Field Trial Association or 
other organization desiring use of the Sandhills 
facilities between October 22 and November 18 
and between December 3 and March 31 must 
submit its proposed schedule of such use to the 
Wildlife Resources Commission for its 
consideration and approval. The use of the 



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PROPOSED RULES 



Sandhills Field Trial facilities at any time by 
individuals for training dogs is prohibited; 
elsewhere on the Sandhills Game Lands dogs may 
be trained only on Mondays, Wednesdays and 
Saturdays from October 1 through April 1 . 

Dogs may not be trained or permitted to run 
unleashed between from April 1 and through 
August 15 on any game land located west of 1-95, 
except when participating in field trials sanctioned 
by the Wildlife Resources Commission. 

(f) Trapping. Subject to the restrictions con- 
tained in 15A NCAC lOB .01 10, .0302 and .0303, 
trapping of furbearing animals is permitted on 
game lands during the applicable open seasons, 
except that trapping is prohibited: 

(1) on the field trial course of the Sandhills 
Game Land; 

(2) on the Harmon Den and Sherwood bear 
sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any 
game land; 

(4) by the use of multiple sets (with an- 
chors less than 15 feet apart) or bait on 
the National Forest Lands bounded by 
the Blue Ridge Parkway on the south, 
US 276 on the north and east, and NC 
215 on the west; 

(5) on that portion of the Butner-Falls of 
Neuse Game Lands marked as the 
Penny Bend Rabbit Research area; 

(6) on Cowan's Ford Waterfowl Refuge in 
Gaston, Lincoln and Mecklenburg 
Counties; 

(7) on the Hunting Creek Swamp Water- 
fowl Refuge. 

On those areas of state-owned land known 
collectively as the Roanoke River Wetlands and 
including the Broadneck, Company Swamp, 
Conine Island, Speller-Outlaw and Urquhart tracts, 
controlled trapping is allowed under a permit 
system. For information contact the Division of 
Wildlife Management of the Wildlife Resources 
Commission. 

(g) Use of Weapons. No person shall hunt or 
discharge a firearm or bow and arrow from a 
vehicle, or within 200 yards of any building or 
designated camping area, or within, into, or across 
a posted "safety zone" on any game land. No 
person shall hunt with or discharge a firearm 
within, into, or across a posted "restricted zone" 
on any game land. 

(h) Vehicular Traffic. No person shall drive a 
motorized vehicle on any game land except on 
those roads constructed and maintained for vehicu- 
lar travel and those trails posted for vehicular 



travel, unless such person: 

(1) is a participant in scheduled bird dog 
field trials held on the Sandhills Game 
Land; or 

(2) is a disabled license holder pursuant to 
G.S. 113-270.2 and G.S. 113-271 and 
the underlying basis for obtaining such 
license was limited physical mobility. 
Persons meeting this criteria may oper- 
ate electric wheelchairs and All Terrain 
Vehicles on those game lands owned by 
the Wildlife Resources Commission. 
For purposes of this Rule, the term 
"wheelchair" is defined as a device that 
is designed solely to be used by mobili- 
ty-impaired individuals for locomotion. 
The term "All Terrain Vehicle" is 
defined as those vehicles having three 
or four wheels, tire pressure of no 
more than five pounds per square inch 
and a gross vehicle weight of no more 
than 600 pounds. Notwithstanding this 
Rule, no person shall operate an elec- 
tric wheelchair, an All Terrain Vehicle, 
or any other motorized vehicle on 
wildlife plantings, high risk areas of 
erosion, dedicated nature preserves, 
other areas in which no access is per- 
mitted or in streams except at ford 
crossings. 

(i) Camping. No person shall camp on any 
game land except on an area designated by the 
landowner for camping. 

(j) Swimming. Swimming is prohibited in the 
lakes located on the Sandhills Gam.e Land. 

Statutory Authority G.S. 113-134; 113-264; 
113-270.3; 113-291.2; 113-291.5; 113-305; 
113-306. 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated 
herein, fishing on game lands which are open to 
fishing shall be in accordance with the statewide 
regulations. All game lands are open to public 
fishing except restocked ponds on the New Hope 
Game Land when posted against fishing. Hunting 
Creek Swamp Waterfowl Refuge, Grogan Creek in 
Transylvania County, and in the case of private 
ponds where fishing may be prohibited by the 
owners thereof. No trotline or set-hook or any net, 
trap, gig, bow and arrow or other special fishing 
device of a type mentioned in 15A NCAC IOC 
.0403 may be used in any of the impounded waters 
located on the Sandhills Game Land. The game 



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1633 



PROPOSED RULES 



lands license is required to fish on designated 
public mountain trout waters on game lands, 
(b) Designated Public Mountain Trout Waters 

(1) Fishing Hours. It is unlawful to fish in 
designated public mountain trout waters 
on any game land from one-half hour 
after sunset to one-half hour before 
sunrise, except that night fishing is 
permitted in the game lands sections of 
the Nantahaia River located down- 
stream from the Swain County line. 

(2) Location. All waters located on the 
game lands listed in this Subparagraph 
are designated public mountain trout 
waters T except Cherokee Lake, Grogan 
Creek, and Big Laurel Creek down- 
stream from the US 25-70 bridge to the 
French Broad River, Pigeon River 
downstream of Waterville Reservoir to 
Tennessee line, etn^ Nolichucky River^ 
and Mill Ridge Pond and Cheoah River 
downstream of Santeetlah Reservior. 
arc designated public mountain trout 
waters : 

Elk Ridge Game Land, Ashe County 

Nantahaia National Forest Game Lands 

in the Counties of Cherokee, Clay, 

Graham, Jackson, Macon, Swain and 

Transylvania 

Pisgah National Forest Game Lands in 

the Counties of Avery, Buncombe, 

Burke, Caldwell, Haywood, Henderson, 

Madison, McDowell, Mitchell, 

Transylvania and Yancey 

South Mountains Game Land in Burke 

County 

TTiurmond Chatham Game Land in 

Wilkes County 

Toxaway Game Land in Transylvania 

County 

(3) All designated public mountain trout 
waters located on the game lands listed 
in Subparagraph (b)(2) of this Rule are 
wild trout waters unless classified 
otherwise. [See 15A NCAC IOC 
.0205(a)(1)]. 

Statutory Authority G.S. 113-134; 113-264; 
113-272; 11 3-292;' 11 3-305. 

jyiotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 



sources Commission intends to amend rules cited 
as 15A NCAC lOB .0202. .0203. .0209, .0212; 
IOC .0205, .0305, .0401, .0404; WD .0002 and 
.0003. 

1 he proposed effective date of this action is July 
1, 1994. 

I he public hearings will be conducted: 

7:00 P.M. 

January 24, 1994 

District 9 

Sylva 
Courthouse 

7:00 RM. 

January 25, 1994 

District 8 

Morganton 

Morganton Civic Center Auditorium 

7:00 RM. 

January 26, 1994 

District 7 

Elkin 

High School 

7:00 RM. 

February 1, 1994 

District 6 

Albemarle 

North Stanley High School 

7:00 RM. 

February 2, 1994 

District 5 

Graham 

Courthouse 

7:00 RM. 

February 3, 1994 

District 4 

Elizabethtown 

Courthouse 

7:00 RM. 
February 7, 1994 

District 1 

Ed en ton 

Swain Auditorium 



€ 



< 



i 



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PROPOSED RULES 



7:00 P.M. 
February 8. 1994 
District 2 
New Bern 
Courthouse 

7:00 RM. 

February 9, 1994 

District 3 

Nashville 

Courthouse 

Ixeason for Proposed Action: 

15A NCAC lOB .0202 - To regulate the harvest of 

bear by setting seasons. 

ISA NCAC lOB .0203 - To regulate the harvest of 

deer by setting seasons and bag limits. 

ISA NCAC lOB .0209 - To regulate the harvest of 

wild turkeys by setting seasons and bag limits. 

ISA NCAC lOB .0212 - To regulate the harvest of 

foxes by setting seasons and bag limits. 

ISA NCAC IOC .020S - To regulate the taking of 

trout on particular waters of the State. 



ISA NCAC IOC .030S - To regulate the taking of 

fishes by setting season, size, and creel limits. 

ISA NCAC IOC .0401 - To require a license to 

take fish by means of grabbling and to add two 

urban lakes to the restrictions of catfish. 

ISA NCAC IOC .0404 - To regulate the taking of 

fish with special devices. 

ISA NCAC lOD .0002 - To establish a Disabled 

Sportsman Program to he administered on game 

lands and to prohibit the release of animals or 

birds on game land. 

ISA NCAC lOD .0003 - To establish hunting 

seasons on game lands. 

L^omment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearings. In addition, the record of hearing 
will be open for receipt of written comments from 
December 1, 1993 to February 9. 1994. Such 
written comments must be delivered or mailed to 
the N. C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 



SUBCHAPTER lOB - HUlSfTING AND TRAPPING 
SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons 

(1) Monday on or nearest October 15 to the Saturday before Thanksgiving and the third Monday after 
Thanksgiving to January 1 in and west of the boundary formed by NC 16 from the Virginia State 
line to Wilkesboro and NC 18 from Wilkesboro to the South Carolina State line. 

(2) Second Monday in November to the following Saturday in Beaufort, Camden, Craven, Dare, 
Gates, Hyde, Jones, Pamlico, Pasquotank, Tyrrell, and Washington Counties; and in that part of 
Bertie County southeast of US 17, and that part of Chowan County north of a line formed by SR 
1002, SR 1222 and SR 1221 and in Currituck County except the Outer Banks . 

(3) Second Monday in November to January 1 in Bladen, Carteret, Duplin, New Hanover, Onslow and 
Pender Counties; in that part of Cumberland County south of NC 24 and east of the Cape Fear 
River; and in that part of Sampson county south of NC 24. 

(4) Second Monday in December to January 1 in Brunswick and Columbus Counties. 

(b) No Open Season. There is no open season in any area not included in Paragraph (a) of this Rule or in 
those parts of counties included in the following posted bear sanctuaries: 

Avery, Burke and Caldwell Counties— Daniel Boone bear sanctuary 

Beaufort, Bertie and Washington Counties— Bachelor Bay bear sanctuary 

Beaufort and Pamlico Counties— Gum Swamp bear sanctuary 

Bladen County— Suggs Mill Pond bear sanctuary 

Brunswick County--Green Swamp bear sanctuary 

Buncombe, Haywood, Henderson and Transylvania Counties--Pisgah bear sanctuary 

Carteret, Craven and Jones Counties— Croatan bear sanctuary 

Clay County— Fires Creek bear sanctuary 

Currituck County— North River bear sanctuary 

Dare County— Bombing Range bear sanctuary 

Haywood County— Harmon Den bear sanctuary 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1635 



PROPOSED RULES 



Haywood County— Sherwood bear sanctuary 

Hyde County— Gull Rock bear sanctuary 

Hyde County— Pungo River bear sanctuary 

Jackson County— Fknthertown-Bonas Defeat bear sanctuary 

Jones and Onslow Counties— Hofmann bear sanctuary 

Macon County—Standing Indian bear sanctuary 

Macon County--\V^yah bear sanctuary 

Madison County--Rich Mountain bear sanctuary 

McDowell and Yancey Counties— Mt. Mitchell bear sanctuary 

Mitchell and Yancey Counties— Flat Top bear sanctuary 

Wilkes County— Thurmond Chatham bear sanctuary 
(c) Bag limits: daily, one; possession, one; season, one. 
(d) Kill Reports. The carcass of each bear shall be tagged and the kill reported as provided by 15A NCAC 
lOB .0113. 



f 



Statutor)' Authority G.S. 113-134; 113-291.2; 113-291.7; 113-305. 

.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not listed under the open seasons in Paragraph (b) 
in this Rule are closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, as 
distinguished from knobs or buttons covered by skin or velvet, may be taken during the following 
seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of counties: 



Beaufort 


Duplin 


Lenoir 


Richmond* 


Bertie 


Edgecombe 


Martin 


Robeson 


Bladen 


Franklin 


Moore =^* 


Sampson 


Brunswick 


Gates 


Nash 


Scotland 


Camden 


Greene 


New Hanover 


Tyrrell 


Carteret 


Halifax 


Northampton 


Vance 


Chowan 


Harnett 


Onslow 


Wake 


Columbus* 


Hertford 


Pamlico 


Warren 


Craven 


Hoke 


Pasquotank 


Washington 


Cumberland 


Hyde 


Pender 


Wayne 


Currituck 


Johnston 


Perquimans 


Wilson 


Dare 


Jones 


Pitt 

-.nnt r.f I fl^ 





< 



Harnett: TTiat part we s t of NC 87. 

John s ton: — All of the county except that part south of US 70 and west of 1 95. 
Moore**: — All of the county except that part north of NC 21 1 and west of US 1. 
Wake: That part north of I 4 0. 

*Unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline. 
**See 15A NCAC lOD .0003(e)(2) for seasons on Sandhills Game Land. 
(B) Monday of TTianksgiving week to third Saturday after Thanksgiving Day in the following counties 
and parts of counties: 



Alexander 


Davie 


Alleghany 


Forsyth 


Ashe 


Gaston 


Catawba 


Iredell 



Lincoln 


Wilkes 


Stokes 


Yadkin 


Surry 




Watauga 





( 



(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties 



1636 



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PROPOSED RULES 



i 



and parts 


of counties: 






Avery 


Clay 


Jackson 


Polk 


Buncombe 


Cleveland 


Macon 


Rutherford 


Burke 


Graham 


Madison 


Swain 


Caldwell 


Haywood 


McDowell 


Transylvania 


Cherokee 


Henderson 


Mitchell 


Yancey 



(D) Monday before Thanksgiving week to January 1 in the following counties and parts of counties: 



Alamance 


Davidson 


Mecklenburg 


Rockingham 


Anson 


Durham 


Montgomery 


Rowan 


Cabarrus 


Granville 


Orange 


Stanly 


Caswell 


Guilford 


Person 


Union 


Chatham 


Lee 


Randolph 





\ 



\ 



Cumberland: That part north of NC 2 4 and west of I 95. 
Harnett: That part cast of NC 87. 
Johnston: That part aouth of US 70 and west of I 95. 
Moore: — That part north of NC 21 1 and west of US 1. 
Woke: That part south of I 4 0. 
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties 
and portions of counties listed in this Subparagraph: 

(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service during 
the period from the first Saturday in October to January 1 in those parts of Hyde, Tyrrell and 
Washington Counties known as the Pocosin Lakes National Wildlife Refuge, in those parts of 
Camden, Gates and Pasquotank Counties known as the Dismal Swamp National Wildlife Refuge, 
and in that part of Currituck County known as the Mackay Island National Wildlife Refuge and 
those parts of Anson and Richmond Counties known as Pee Dee National Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands during 
the period from Monday on or nearest October 15 to January 1 in that part of Brunswick County 
known as the Sunny Point Military Ocean Terminal, in that part of Craven County known and 
marked as Cherry Point Marine Base, in that part of Onslow County known and marked as the 
Camp Lejeune Marine Base, on Fort Bragg Military Reservation, and on Camp Mackall Military 
Reservation. 

(C) Second Saturday in October for youth either sex deer hunting by permit only on a designated 
portion of Belews Creek Steam Station in Stokes County. 

(D) The second Saturday in December in all of Buncombe, Catawba, Gaston, Haywood, Henderson, 
Lincoln, Madison, Mitchell, Polk, Transylvania, and Yancey Counties and the following parts 
of counties: 

Avery: That part south of the Blue Ridge Parkway. 
fE9 — Friday and Saturday of the week following Thanlcsgiving in all of Dare Count}' and in the 
following parts of counties: 

Cabarrus: That part west of US 52 and south of a line formed by NC 4 9 from the Mecklenburg 

County line to Mount Pleasant and cast of SR 1006 from Mount Pleasant to the 
Rowan County line. 

Davidson: That part north of 1 85, except game lands. 

Mecklenburg: That part north of US 7 4 . 

Rowan: That part we s t of US 52, except game lands. 

Scotland: TTiat part north of US 7 4 . except game land s . 

Union: That part s outh of US 7 4 and NC 75. 

{F) £E} Wednesday to Saturday of the week following Thanksgiving in all of Cumberland, Dare, 
Greene, Harnett, Hoke, Mecklenburg, Tyrrell, Union, and Wilson Counties and in the following 
parts of counties: 
Cabarrus: That part west of US 52 and east of 1-85. 



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December 1, 1993 



1637 



PROPOSED RULES 



Currituck: 
Johnston: 

Moore: 

Richmond: 



Rowan : 
Scotland: 



That part known as the Outer Banks. 



Stanly: 



That part north of US 70 or west of 1-95. 

All of the county, except on game land s . 

That part east of a line formed by US 220 from the Montgomery County line to 

Rockingham and US 1 from Rockingham to the South Carolina line, except on game 

lands. 

That part west of US 52. 

That part north of US 74 except game lands. 

That part west of US 52. 



f 



Wayne: 



That part north of US 70. 



{Gj {¥} Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all 
of Alamance, Caswell, Camden, Chatham, Franklin, Greene, Guilford, Lee, Orange, Pasquotank, 
Person, Randolph, Rockingham, Stanley, Vance, and Washington Counties and in the following 
parts of counties: 

Cabarrus: That part east of US 52. 

Carteret: All of the county except game lands. 

Chowan: That part north of US 17 and west of NC 32. 

Columbus: That part west of US 74, SR 1005, and SR 1125. 

Currituck: All of the county except the Outer Banks. 

Davidson: That part south of I 85, Except on game lands southeast of NC 49 . 

Durham: All of the county except Butner-Falls of Neuse Game Land. 

Granville: All of the county except Butner-Falls of Neuse Game Land. 

Lenoir: That part west of NC 1 1 . 

Montgomery: All of the county except on game lands Unharrie Game Land. 

Moors All of the county except Sandhills Game Land. 

Nash: That part south of US 64. 

Randolph: All of the county except on game lands. 

Richmond: That part west of a line formed by US 220 from the Montgomery County line to 

Rockingham and US 1 from Rockingham to the South Carolina line. 

Robeson: That part east of 1-95. 

Rowan: That part east of US 52, except on game lands. 

Stanly : That part cast of US 52, except game lands. 

Wake: All of the county except Butner-Falls of Neuse Game Land. 

Wayne: That part south north of US 70. 



I 



fH) {GJ Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part of 

Buncombe County east of NC 191, south of the French Broad and Swannanoa Rivers, west of 

US 25, and north of SR 3503, NC 280 and SR 3501. 
fi) (H) Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, 

Edgecombe, Gates, Hertford, Northampton, Perquimans, Pitt, and Warren Counties, and in the 

following parts of counties: 
Anson: All of the county except game lands. 

Beaufort: All of the county except game lands. 

Bertie: All of the county except Roanoke River Wetlands and Roanoke River National 

Wildlife Refuge. 
Bladen: All of the county except game lands. 

Chowan: That part south of US 17 or east of NC 32. 

Columbus: That part east of a line formed by US 74, SR 1005, and SR 1 125. 

Craven: All of the county except game lands. 

Duplin: All of the county except game lands. 

Halilax: All of the county except Roanoke River Wetlands. 

Hyde: All of the county except game lands. 

Johnston: That part south of US 70 and east of 1-95. 

Jones: All of the county except game lands. 

Lenoir: That part east of NC 1 1 . 

Martin: All of the county except Roanoke River Wetlands. 



( 



1638 



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December 1, 1993 



PROPOSED RULES 



\ 



) 



Nash: That part north of US 64. 

New Hanover: That part north of US 74^ except game lands . 
Onslow: All of the county except game lands. 

Pamlico: All of the county except game lands. 

Pender: All of the county except game lands. 

Sampson: That part south of NC 24. 

Wayne: That part south of US 70. 

(J) (I) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of 

Alexander, Cleveland, Davie, Iredell, Rutherford, Stokes, Surry, and Wilkes Counties. 
(K) (J) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of 
Alleghany, Ashe, Burke, Caldwell, Cleveland, Forsyth, McDowell, Watauga, and Yadkin 
Counties. 
(fe) {K} In those counties or parts of counties listed in Paragraph (b) (2) (I), except on game lands, 
two antlerless deer may be taken during that part of the regular gun season in which no other 
either sex season is open and must be tagged with the Antlerless deer tag or the Bonus Antlerless 
deer tag. 
{M) £L} In those counties or parts of counties listed in Part (b)(2)(G), except on game lands, one 
antlerless deer may be taken during that part of the regular gun season in which no other 
either-sex season is open and must be tagged with the Antlerless deer tag. 
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken by 
permittees engaged in managed hunts conducted on game lands in accordance with 15A NCAC lOD 
.0003(e)(4) and (5). 

(c) Open Seasons (Bow and Arrow) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag 
limits set out in Paragraph (e) of this Rule, deer of either sex may be taken with bow and arrow 
during the following seasons: 

(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and parts 
of counties having the open season for male deer specified by Part (A) of Subparagraph (b)(1) 
of this Rule, except on the Sandhills Game Land. 

(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the counties 
and parts of counties having the open seasons for male deer specified by Part (B) of Subparagraph 
(b)(1) of this Rule. 

(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or nearest 
October 15 to the Saturday before Thanksgiving in the counties and parts of counties having the 
open seasons for male deer specified by Part (C) of Subparagraph (b)(1) of this Rule. 

(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the counties 
and parts of counties having the open season for male deer specified by Part (D) of Subparagraph 
(b)(1) of this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow 
deer hunting season. 

(C) Only bows and arrows of the types authorized in 15A NCAC lOB .0116 for taking deer may be 
used during the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may 
be taken only with muzzle-loading firearms during the following seasons: 

(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of counties 
having the open seasons for male deer specified by Items (A) and (C) of Subparagraph (b)(1) of 
this Rule, except on Sandhills Game Land. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of 
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) of 
this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts of 
counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) of 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1639 



PROPOSED RULES 



this Rule, and on Sandhills Game Land. 
(2) Restrictions 

(A) Deer of either sex may be taken during muzzle-loading firearms season in those counties or parts 
of counties listed in Parts (A) and (D) of Subparagraph (h) (1) of this Rule and deer of either sex 
may be taken on the last day of muzzle-loading firearms season in those counties or parts of 
counties listed in Part (B) and (C) of Subparagraph (b) (1) of this Rule. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons. 

(e) Bag Limits; Daily, two: possession, five, one of which must be antlerless; season, five, one of which 
must be antlerless. In those areas listed in Part (l3)(2)(r) of this Rule one additional antlerless deer may be 
taken provided it is tagged with the Bonus Antlerless deer tag. Antlerless deer include males with knobs or 
buttons covered by skin or velvet as distinguished from spikes protruding through the skin. 

(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A NCAC 
lOB .0113. 

Statuwry Authorm- G.S. 113-134: 113-270.3; 113-276.1; 113-291.1; 113-291.2. 

.0209 WILD TTIRKEY (BEARDED TURKEYS ONLY) 

(a) Open Season: 

Second Saturday in April to Saturday of the fourth week thereafter on bearded turkeys in the 

following counties; Alleghany, Ashe, Caswell, Cherokee, Clay. Durham. Gates, Graham, 

Granville, Haywood, Henderson, Hertford, Hyde, Jackson, Macon. Madison. Orange. Person, 

Polk, Rockingham. Rutherford. *'^Scotland, Swain, Transylvania. Watauga, and in the following 

portions of counties; 

Alamance; All of the county except that part south of 1-85 and west of NC 87. 

Anson; That part east of US 52 and north of US 74 and that part east of NC 145 and south of US 

74. 
** Bertie: That part west of a line formed by NC 45 from the Hertford County line to Colerain, NC 

42 to Powellsville. US 13 to US 17 South, US 17 South to SR 1500, SR 1500 to NC 308, and NC 

308 to the Washington County line. 
** Bladen; That part south of US 701 and east of NC 87 or SR 1730. 

Brunswick; That part north of US 74-76 or east of NC 133. 

Buncombe: All of the county except that part north and east of a boundary formed by US 19/23, 

1-240, and 1-40. 

Burke; That part north of 1-40 and west of NC 18 and NC 181. 

Carteret: That part west of US 70 and north of NC 24. 

Chatham; That part north of US 64 and west of SR 1008 . 

Columbus; That part south of US 74 and west of NC 410 and that part north of NC 87. 

Craven: That part west of US 70, and south of SR 1 101 and that part north of the Neuse River, 

south of a line formed by US 17 and US 17 Business, and east of a line formed by SR 1440 and 

SR 1441. 

Durham; That part west of US 501. 

Granville: All of the county except that part south of US 158 and west of 1-85. 
** Halifax; That part north of NC 903 and east of 1-95. 

Hertford: — That part east of US 13. 

Hoke: That part south and west of NC 211. 

Johnston: That part south of US 70 and 1-95 and east of US 701. 

Madison: All of the county except that part cast of SR 1 4 3 4 and NC 212. north of SR 1318, US 

23 and SR 1503. 
** Martin: That part north of a boundary formed by US 64 from the Washington County line to 

Williamston, north of NC 125 from Williamston to the junction with NC 142, and north of NC 142 

to the Edgecombe County line. 

McDowell: That part north of US 70 and that part south of 1-40. 

Mitchell: That part north and west of a boundary- formed by NC 197. NC 226. and NC 261. 

Montgomery': All of the county except that part north of NC 24/27 and east of NC 134. 



1640 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



** Moore: That part south of NC 21 1 . 

New Hanover: That part west of NC 133. 

Northampton: That part south of a boundary foiTned by US 158 from the Halifax County line to 

Jackson, NC 305 from Jackson to Rich Square, US 258 from Rich Square to NC 308, and NC 308 

to the Bertie County line and that part south of NC 186, east of SR 1341. and north of SR 1333 

and SR 1351 . 

Onslow: All of the county except that part east of a line formed by US 17, SR 1434 and SR 1442. 

Pender: That Starting at the Sampson County line, that part west of US 4 21 a line formed by US 

421, NC 210, and NC 133 . 
** Richmond: All of the county except that part south of US 74 and east of US 1. 

Robeson: That part east of 1-95 and south of US 74. 

Rutherford: — That part west of US 221 . 

Surry: That part west of 1-77. 

Wilkes: That part north of NC 268. 

Yancey: That part north of US 19W and SR 1417. 

** The Sandhills Game Land in Richmond, Scotland, and Moore Counties, the Bladen Lakes State Forest 
Game Lands in Bladen County, and the Roanoke River Wetlands in Bertie, Halifax, and Martin Counties 
are closed to turkey hunting except by holders of special permits authorizing turkey hunting as provided 
in G.S. 1 13-264(d). Application forms for permits to participate in managed turkey hunts on game lands, 
together with pertinent information and instructions are found in the Regulation Digest, which may be 
obtained from hunting and fishing license agents and from the Wildlife Resources Commission. 
Completed applications must be postmarked no later than January 20, 1993. 

(b) Bag Limits: Daily, one; possession, two; season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs for hunting turkeys. 

(d) Kill Reports. The carcass of each wild turkey shall be tagged and the kill reported as provided by 15A 
NCAC lOB .0113. 

Statutory Authority G.S. 113-134; 113-264; 113-270.3; 113-276.1; 113-291.2. 

.0212 FOXES (GRAY AND RED) 

(a) Seasons 

(1) No closed season on taking foxes with dogs; 

(2) First Saturday to fourth Saturday in January with weapons or traps in the following counties: 



Brunswick 


Henderson 


Stokes 


Caswell 


Johnston 


Tyrrell 


Clay 


Macon 




Graham 


Sampson 





(3) No open weapons or trapping season in any other county, except where provided by local laws. 
The Saturday next preceding Thanksgiving through January I by bow and arrow m all areas of the 
State east of Interstate Highway 77 and in Mitchell County. 
(b) Bag Limit. 

(1) Except in areas of open season for taking foxes with weapons or traps, foxes may not be 
intentionally killed by any method; 

(2) In areas of open season set by the North Carolina Wildlife Resources Commission in Subparagraph 
(a)(2) of this Rule for taking foxes with weapons or traps the season harvest in each county is 
limited to the number of tags alloted for that county. Each fox must be immediately tagged at the 
scene of taking with tag previously obtained as provided by 15A NCAC lOB .0403(d); 

(3) In areas of open season in all areas east of Interstate Highway 77 as set by the Legislature and in 
Subparagraph (a)(3) of this Rule , the following bag limit applies: Daily, two; season, ten. 

Note: Where local laws governing the taking of foxes conflict with these Regulations, the local laws shall 
prevail . 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1641 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-291.2; 113-291.4. 

SUBCHAPTER IOC - INLAND FISHING REGULATIONS 
SECTION .0200 - GENERAL REGULATIONS 



i 



.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. On game lands located in western North Carolina certain 
waters are designated as public mountain trout waters and classified as wild trout waters or hatchery supported 
waters. For specific classifications see Subparagraphs (1) and (2) of Paragraph (a) of this Rule. Other 
streams, portions of streams, and bodies of water which are not located on game lands are designated within 
this Rule as public mountain trout waters and are classified as hatchery supported trout waters or wild trout 
waters. These waters are posted and lists thereof are filed with the clerks of superior court of the counties 
in which they are located: 

(1) Hatchery Supported Trout Waters. The hatchery supported public mountain trout waters are 
designated in this Subparagraph under the counties where located. Where specific watercourses 
are listed indentation indicates the watercourse named is tributary to the next preceding watercourse 
named and not so indented. The designation applies to the entire watercourse or impoundment 
named, including tributaries when on game lands, except as otherwise indicated in parentheses 
following the name. Other clarifying infoimation may also be included parenthetically: 

(A) Alleghany County: 
New River (not trout water) 

Little River (Whitehead to McCann Dam) 

Crab Creek 

Brush Creek (except where posted against trespass) 

Little Pine Creek 

Big Pine Creek 

Little Glade Creek 

Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

Waterfalls Creek (South Fork Little River)(except where posted against trespass) 

South Fork New River (not trout water) 

Prather Creek 

Cranberry Creek 

Piney Fork 

Meadow Fork 
Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (that portion on Stone Mountain State Park) Delayed Harvest 
Waters regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to Sharp Dam) 

Helton Creek (Virginia State line to New River) 

Big Horse Creek (SR 1361 bridge to Tuckerdale) 

Buffalo Creek (headwaters to junction of NC 194-88 and SR 1131) 

Big Laurel Creek 

Three Top Creek (portion not on game lands) 

Hoskins Fork (Watauga County line to North Fork New River) 
South Fork New River (not trout waters) 

Cranberry Creek (Alleghany County line to South Fork New River) d 

Nathans Creek ^ 

Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters) 



1642 8:17 NORTH CAROLINA REGISTER December 1, 1993 



i 



PROPOSED RULES 



) 



\ 



Trout Lake (Delayed harvest regulations apply) 

Roan Creek 

North Beaver Creek 

South Beaver Creek (headwaters to Ashe Lake) 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Call Creek (Waat Prong Old Field s Creek) 
Mill Creek (except where posted against trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell County line, except where posted against trespass) 
Plumtree Creek 
Roaring Creek 
Squirrel Creek 
Elk River (SR 1306 crossing to Tennessee State line) 
Elk River (Lees McRac College boundary line to NC 19 4 bridge at Hcaton, except where posted 

against trespass) 
Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of 
this Rule] 

Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (4) of Paragraph 
(a) of this Rule] 
Gragg Prong 
Webb Prong 
Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (2) of 

Paragraph (a) of this Rule] 
Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph 
(a) of this Rule] 
Boyde Coffey Lake 
Archie Coffey Lake 
Linville River (Sloop Dam to Blue Ridge Parkway boundary line) 

Milltimber Creek 
Linville River [Land Harbor line (below dam) to Ben Aldridge line, except Bob Miller property] 

(D) Buncombe County: 

French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge) 

Dillingham Creek (Comer Rock Creek to Big Ivy Creek) 

Stony Creek 

Mineral Creek 

Comer Rock Creek 
Reems Creek (Woodfin Watershed dam to US 19-23 bridge, except where posted against 

trespass) 
Swannanoa River (SR 2702 bridge near Ridgecrest to Sayles Bleachery in Asheville, except 

where posted against trespass) 
Bent Creek (headwaters to N.C. Arboretum boundary line) 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not trout water) 

Henry Fork (lower Morganton watershed line downstream to SR 1919 at Ivy Creek) 

Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) Delayed Harvest 
Regulations apply. See Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1643 



PROPOSED RULES 



Parks Creek (not trout water) 

Carroll Creek (game lands above SR 1405) 
Linville River (game lands portion below the Blue Ridge Parkway and from first bridge on SR 
1223 below Lake James powerhouse to Muddy Creek) 

(F) Caldwell County: 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns Mountain Beach dam, except where posted against 
trespass) 

Estes Mill Creek (not trout water) 
Thorpe Creek (fells to NC 90 bridge) 
Mulberry Creek (not trout water) 

Boone Fork (not Hatchery Supported trout water) 
Boone Fork Pond 

(G) Cherokee County: 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, except where posted against trespass) 
North Shoal Creek (Crane Creek) (headwaters to SR 1325) 
Persimmon Creek 
Davis Creek 

Bald Creek 
Beaver Dam Creek (headwaters to SR 1326 bridge) 
Valley River 
Hyatt Creek 
Webb Creek 

Junaluska Creek (bridge at U.S. Forest Service road 440, Section No. 4, to Valley River) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek ( bear sanctuary lino the fish barrier to SR 1300) 
Tusquitee Creek (headwaters to lower SR 1300 bridge) 

Tuni Creek 
Chatuge Lake (not trout water) 

Shooting Creek (Tieadwaters to US 64 bridge at SR 1338) 
Hothouse Branch 
Vineyard Creek 
(I) Graham County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 
West Buffalo Creek 
Santeelah Reservoir (not trout water) 
Santeelah Creek (Johns Branch to mouth) 
Huffman Creek (Little Buffalo Creek) 
Squalla Creek 

South Fork Squalla Creek 
Big Snowbird Creek (old railroad junction to mouth) 
Mountain Creek (game lands boundary to SR 1138 bridge) 
Long Creek (portion not on game lands) 
Tulula Creek (headwaters to lower bridge on SR 1211) 
Franks Creek 
Cheoah Reservoir 

Fontana Reservoir (not trout water) ^ 

Stecoah Creek ^ 

Sawyer Creek 



1644 8:17 NORTH CAROLINA REGISTER December 1, 1993 



I 



i 



PROPOSED RULES 



) 



) 



Panther Creek 
(J) Haywood County: 

Pigeon River (not trout water) 
Hurricane Creek 
Cold Springs Creek 

Jonathans Creek - lower (concrete bridge in Dellwood to Pigeon River) 
Jonathans Creek - upper [SR 1307 bridge (west) to SR 1302 bridge] 
Hemphill Creek 

West Fork Pegion River (headwaters to Champion International property line, except Middle 
Prong) 
Richland Creek (Russ Avenue bridge to US 19A-23 bridge) Delayed Harvest Regulations apply. 
See Subparagraph (a)(5) of this Rule. 
(K) Henderson County: 

Broad River (not trout water) 

Rocky Broad River (one-half mile north of Bat Cave to Rutherford County line) 
Green River - upper (mouth of Bob Creek to mouth of Rock Creek) 
Green River - lower (Lake Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk County line) 
Big Hungry River 
Little Hungry River 

North Fork Mills River (game lands portion below the Hendersonville watershed dam) 
Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule. 
(L) Jackson County: 

Tuckasegee River (confluence with West Fork Tuckasegee River to SR 1392 bridge at Wilmot) 
Delayed Harvest Regulations apply to that portion between Dicks Gap Bridge on SR 1(K)2 and 
Cullowhee Dam. See Subparagraph (a)(5) of this Rule. 
Scott Creek (entire stream, except where posted against trespass) 
Dark Ridge Creek (Jones Creek to Scotts Creek) 

BuflF Creek (SR 1457 bridge below Bill Johnson's place to Scott Creek) 
North Fork Scott Creek 
Savannah Creek (Headwaters to Bradley's Packing House on NC 116) 

Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek) 
Cullowhee Creek (Tilley Creek to Tuckasegee Rive r, except portion posted for Western Carolina 

University outdoor claasroom ) 
Bear Creek Lake 

Wolf Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this 
Rule] 

Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of 
this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake) 
Shoal Creek (Glenville Reservoir pipeline to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain County line) Delayed Harvest Regulations apply to 
the portion from Whiteoak Creek to the Nantahala Power and Light powerhouse discharge 
canal. See Subparagraph (a)(5) of this Rule. 
Queens Creek Lake 

Roaring Fork Creek (game land boundary to mouth) 
Bumingtown Creek 

Cullasaja River (Sequoah Dam to US 64 bridge near junction of SR 1672) 
EUijay Creek (except where posted against trespass) 
Skitty Creek (not trout water) 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1645 



PROPOSED RULES 



Cliffside Lake 
Cartoogechaye Creek (US 64 bridge to Little Tennessee River) 

Tessentee Creek (Nichols Branch to Little Tennessee River, except where posted against 
trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to Georgia State line) 
(N) Madison County: 

French Broad River (not trout water) 
Shut-In Creek 

Spring Creek (junction of NC 209 and NC 63 to lower US Forest Service boundary line) 
Meadow Fork Creek 
Roaring Fork 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed boundary to Rice's Mill Dam) 
Shelton Laurel Creek (headwaters to NC 208 bridge) 
Big Creek (headwaters to lower game land boundary) 
Mill Creek 
Spillcom Creek 

Puncheon Fork (Hampton Creek to Big Laurel Creek) 
(O) McDowell County: 

Catawba River (not trout water) 
Buck Creek (not trout water) 

Little Buck Creek (game land portion) 
Curtis Creek (fish barrier to US 70 bridge) 
North Fork Catawba River (headwaters to North Cove School, SR 1569) 

Armstrong Creek (Cato Holler line downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to U.S. 70 Bridge, except where posted against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 

Big Rock Creek (headwaters to fishing club property above A.D. Harrel farm) 

Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against 
trespass) 
Cane Creek (SR 1219 to Nolichucky River) 
Grassy Creek (East Fork Grassy Creek to mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 1121, Altapass Road) 
(Q) Polk County: 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 108 bridge) 

Fork Creek (Fork Creek Church on SR II 28 to North Pacolet River) 
Big Fall Creek (portion above and below water supply reservoir) 
Green River (Henderson County line to mouth of Brights Creek) 
Little Cove Creek 
Cove Creek 

Camp Creek [Henderson County line (top of falls) to Green River] 
FuUoms Creek (SR 1 154 to Green River) 
(R) Rutherford County: 

Broad River (not trout water) 

Rocky Broad River (Henderson County line to head of rapids at Goose Pond Hole, except where 
posted against trespass) 
(S) Stokes County: 

Dan River (lower Flippin property line below SR 1416 to 200 yards downstream from end of SR 
1421) 



1646 8:17 NORTH CAROLINA REGISTER December 1, 1993 



i 



i 



( 



PROPOSED RULES 



> 



> 



(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to SR 1759 the Business US 52 bridge ) Delayed Harvest 
regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to SR 1625) 
Fisher River (Cooper Creek) (Virginia State line to NC 89 bridge) 
Little Fisher River (Virginia State line to NC 89 bridge) 
Mcrritt Creek 
(U) Swain County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 

Cheoah Reservoir 

Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River) 
Oconaluftee River (not trout water) 

Connelly Creek 
Alarka Creek 

Nantahala River (Macon County line to existing Fontana Lake water level) 
(V) Transylvania County: 

French Broad River (junction of west and north forks to US 276 bridge) 
Davidson River (Avery Creek to Ecusta intake) 

East Fork French Broad River (Glady Branch to French Broad River) 
Middle Fork French Broad River 
West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north 

forks) 
Savannah River (not trout water) 

Horscpasturc River (Jackson County line to existing Lolcc Jooasaoc water level) 
Thompson River (SR 1 152 to South Carolina state line, except where posted against trespass) 
(W) Watauga County: 

New River (not trout waters) 

North Fork New River (from confluence with Maine and Mine branches to Ashe County line) 
Maine Branch (lieadwaters to North Fork New River) 
South Fork New River (not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from lower fells) 
Middle Fork New River (Lake Chetola Dam to South Fork New River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes County line) 

Elk Creek (headwaters to gravel pit on SR 1508, except where posted against trespass) 
Watauga River (SR 1559 to SR 111 4 at Foscoe downstream to NC 105 bridge) Delayed Harvest 
Regulations apply. See Subparagraph (a)(5) of this Rule. 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha) 
Dutch Creek (second bridge on SR 1134 to mouth) 

Crab Orchard Creek 
Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (Bullhead Creek to Brewer's Mill on SR 1943) (Delayed harvest 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1647 



PROPOSED RULES 



I 



regulations apply to portion on Stone Mountain State Park) See Subparagraph (5) of 
Paragraph (a) of this Rule. 

Stone Mountain Creek (Delayed Harvest Regulations apply. See Subparagraph (5) of 
Paragraph (a) of this Rule.) 
Middle Prong Roaring River (headwaters to second bridge on SR 1736) 
Harris Creek (end of SR 1716 to mouth) 
Pell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear Prong) (headwaters to bridge on SR 1580) 
South Fork Reddies River (headwaters to NC 16 bridge) 

North Fork Reddies River (Vannoy Creek) (headwaters to Union School bridge on SR 
1559) 

North Prong Reddies River (Darnell Creek) (downstream ford on SR 1569 to confluence 
with North Fork) 
Lewis Fork Creek (not trout water) 

South Prong Lewis Fork (lieadwaters to Lewis Fork Baptist Church) 
Fall Creek (except portions posted against trespass) 
Stony Fork Creek (headwaters to Mt. Zion bridge near intersection of SR 1 155 and SR 1 167) 
(Y) Yancey County: 

Nolichucky River (not trout water) 

Cane River (Cattail Creek to Bowlens Creek) 
Bald Mountain Creek (except portions posted against trespass) 
Indian Creek (not trout water) 

Price Creek (junction of SR 1 120 and SR 1121 to Indian Creek) 
South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except 
where posted against trespass) 
(2) Wild Trout Waters. All designated public mountain trout waters located on game lands are 
classified as wild trout waters unless classified otherwise. The trout waters listed in this 
Subparagraph are also classified as wild trout waters. On game lands all tributaries to wild trout 
waters are also classified as wild trout waters. 

(A) Alleghany County: 

Big Sandy Creek (portion on Stone Mountain State Park) 

Ramey Creek (entire stream) 

Stone Mountain Creek (that portion on Stone Mountain State Park) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line to SR 1361 bridge) Catch and Release/ Artificial Lures Only 
Regulations apply. See Subparagraph (a)(3) of this Rule. 

(C) Avery County: 

Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Roaring Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 

Wilson Creek (Catch and Release/ Artificial Lures Only Regulations apply. See Subparagraph (a)(3) d 

of this Rule.) " 

(D) Buncombe County: 



1648 8:17 NORTH CAROLINA REGISTER December 1, 1993 



I 



PROPOSED RULES 



Carter Creek (game land portion) (Catch and Release/ Artificial Lures only regulations apply. See 
Subparagraph (3) of Paragraph (a) of this Rule. 

(E) Burke County: 

All waters located on South Mountain State Park, except the main stream of Jacob Fork between 
the mouth of Shinny Creek and the lower park boundary where delayed harvest regulations 
apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower Dahl property line) 
Joe Fork (Watauga County line to fells) 
Rockhouse Creek (entire stream) 

(G) Jackson County: 

Gage Creek (entire stream) 

Tanasee Creek (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 

Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake) 
(H) Mitchell County: 

Green Creek (headwaters to Green Creek Bridge, except where posted against trespass) 

Little Rock Creek (headwaters to Green Creek Bridge, except where posted against trespass) 

Wiles Creek (game land boundary to mouth) 
(I) Transylvania County: 

South Fork Mills River (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 
(J) Watauga County: 

Watauga River (Avery County line to SR 1559) 

Boone Fork (Blue Ridge Parkway boundary line to Watauga River) [Catch and Release Fly 
Fishing Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 
Howards Creek (headwaters to lower fells) 
Dutch Creek (headwaters to second bridge on SR 1134) 
(K) Wilkes County: 

Big Sandy Creek (portion on Stone Mountain State I^rk) 

Garden Creek (portion on Stone Mountain Sfete Park) 

Harris Creek and tributaries [portions on Stone Mountain State Park) [Catch and Release Artificial 
Lures Only regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 

Widow Creek (portion on Stone Mountain State Park) 
(L) Yancey County: 

Lickskillet Creek (entire stream) 

Middle Creek (game land boundary to mouth) 

Rock Creek (game land boundary to mouth) 

South Toe River (game land boundary downstream to Clear Creek) 

(3) Catch and Release/ Artificial Lures Only. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tribuferies except as noted, are further classified as Catch and 
Release/ Artificial Lures Only waters. Only artificial lures having one single hook may be used. 
No fish may be harvested or be in possession while fishing these streams: 

Harris Creek and tributaries (portions on Stone Mountain State Park, Wilkes County) 

Big Horse Creek, excluding tributaries (Virginia state line to SR 1361 bridge, Ashe County) 

TTiree Top Creek (portion located on Elk Ridge Game Lands, Ashe County) 

Wilson Creek (game lands portion, including tributaries, Avery County) 

Upper Creek, Yancey County 

Lower Creek, Yancey County 

Tuckasegee River including all tributaries above the Clarke property, Jackson County 

Flat Creek, Jackson County 

Carter Creek (game lands portion). Buncombe County 

Newberry Creek (game land portion, McDowell County) 

(4) Catch and Release/ Artificial Flies Only. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1649 



PROPOSED RULES 



Release/Fly Fishing Only waters. Only artificial flies having one single hook may be used. No 

fish may be harvested or be in possession while fishing these streams: 

Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River, Watauga 

County) 
South Toe River (portion from the concrete bridge above Black Mountain Campground downstream 

to the game land boundary, excluding Camp Creek and Neals Creek, Yancey County) 
Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek, Avery 

County) 
Davidson River (headwaters to Avery Creek excluding Avery Creek, Looking Glass Creek, and 

Grogan Creek, Transylvania County) 

(5) Delayed Harvest. Those portions of designated Hatchery Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest 
Waters. Between 1 March and one-half hour after sunset on aftd the Friday before the first 
Saturday in June, inclusive, only artificial lures with one single hook may be used. No fish may 
be harvested or be in possession while fishing these streams during this time. These waters are 
closed to fishing between one-half hour after sunset on the Friday before the first Saturday in June 
and 6:(X) a.m. on Ofl the first Saturday in June^ At 6:(30 a.m. on the first Saturday in June these 
streams revert to open for fishing under Hatchery Supported Waters regulations: 

(A) Ashe County: 
Trout Lake 

(B) Burke County: 

Jacob Fork (Shinny Creek to lower South Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge to US 19A-23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land portion below the Hendersonville watershed dam) 

(E) Jackson County: 

Tuckasegee River (Dicks Gap bridge on SR 1002 downstream to CuUowhee Dam) 

(F) Macon County: 

Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light power house 
discharge canal) 

(G) Surry County: 

Ararat River (SR 1727 downstream to Business US 52 bridge) 
(H) Watauga County: 

Watauga River (SR 1559 bridge at Foscoe downstream to NC 105 bridge) 
ilj Wilkes County: 

East Prong Roaring River (from Bullhead Cre^k downstream to the Stone Mountain State Park 

lower boundary) 
Stone Mountain Creek (from falls at Allegheny County line to confluence with East Prong Roaring 
River and Bullhead Creek in Stone Mountain State Park) 
Ararat River (SR 1727 downstream to SR 1759, Surry County) 

East Prong Roaring River (from Bullhead Creek downstream to the lower Stone Mountain State 
Park boundary. Wilkes County) 
Trout Lake (/\she County) 

Stone Mountain Cr e ek (from fall s at Alleghany County line to confluence with East Prong Roaring 
River and Bullhead Creek in Stone Mountain State Park, Wilkes County) 
Jacob Fork (Shinny Creek to lower South Mountain State Park boundary'. Burke County) 
Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light powerhouse 
discharge canal, Swain County) 

(6) Wild Trout/Natural Bait Waters. Those portions of designated Wild Trout Waters as listed in this 
Subparagraph, including tributaries except as noted, are further classified as Wild Trout/Natural 
Bait Waters. All artificial lures and natural baits, except live fish, are allowed provided they are 
fished using only one single hook. The creel limit, size limit, and open season are the same as 
other Wild Trout Waters fsee 15A NCAC IOC .0305(a)1. 

(A) Cherokee County: 



1650 8:17 NORTH CAROLINA REGISTER December 1, 1993 



i 



PROPOSED RULES 



\ 



Tellico River (Fain Ford to Tennessee state line excluding tributaries) 

(B) Clay County: 
Buck Creek (game land portion downstream of US 64 bridge) 

(C) Graham County: 
Deep Creek 
Long Creek (game land portion) 

(D) Jackson County: 
Chattooga River (SR 1100 bridge to South Carolina state line) 
(lower) Fowler Creek (game land portion) 
Scotsman Creek (game land portion) 

(E) Macon County: 
Chattooga River 

Jarrett Creek (game land portion) 
Kimsey Creek 

Overflow Creek (game land portion) 
Park Creek 

Tellico Creek (game land portion) 
Turtle Pond Creek (game land portion) 

Transylvania County: 
North Fork French Broad River (game land portions downstream of SR 1392) 
ing in Trout Waters 

Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner 
whatsoever from designated public mountain trout waters during the closed seasons for trout 
fishing. The seasons, size limits, creel limits and possession limits apply in all waters, whether 
designated or not, as public mountain trout waters. Except in power reservoirs and city water 
supply reservoirs so designated, it is unlawful to fish in designated public mountain trout waters 
with more than one line. Night fishing is not allowed in most hatchery supported trout waters on 
game lands [see 15A NCAC lOD .0004(b)(1)]. 
(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3)^ afld (4)_j and (6) of 
Paragraph (a) of this Rule, the following rules apply to fishing in wild trout waters. 

Open Season. There is a year round open season for the licensed taking of trout. 

Creel Limit. The daily creel limit is four trout. 

Size Limit. The minimum size limit is seven inches. 

Manner of Taking. Only artificial lures having only one single hook may be used. No person 

shall possess natural bait while fishing wild trout waters except those waters listed in 15A NCAC 

IOC ■0205(a)(6) . 

Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset 

and one-half hour before sunrise. 



IF} 

(b) Fish 
(1) 



(A) 
(B) 
(C) 
(D) 



(E) 



Statutory Authority G.S. 113-134; 113-272; 113-292. 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
size limits are as indicated in the following table: 



) 



GAME FISHES 

Mountain Trout: 
Wild Trout 
Waters 

Hatchery Sup- 



DAILY CREEL 


MINIMUM 




LIMITS 


SIZE LIMITS 


OPEN SEASON 


4 


7 in. 


ALL YEAR 




(exc. 14) 


(exc. 2) 


7 


None 


All year, except 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1651 



PROPOSED RULES 



ported Trout 
Waters and 
undesignated 
waters 

Muskellunge and 
Tiger Muslcy 

Chiain Pickerel 
(Jack) 

Walleye 



Sanger 

Black Bass: 

Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 

Red drum (channel 
bass, red fish, 
puppy drum) 

Striped Bass 
and their hybrids 
(Morone Hybrids) 

Kokanee Salmon 

Panfishes 



NONGAME FISHES 



March 1 to 7^096 :(X) 









a.m. on first Saturday 








in April 








(exes. 2 & 3) 


2 


30 in. 




ALL YEAR 


None 


None 




ALL YEAR 


8 


None 




ALL YEAR 


(exes. 9 & 10) 


(exc. 9) 






8 


15 in. 




ALL YEAR 


5 


14 in. 




ALL YEAR 


(exc. 10) 


(exes. 4, 8 & 


11) 




5 


12 in. 




ALL YEAR 


(exc. 10) 


(exes. 4, 8 & 


11) 




25 


None 




ALL YEAR 


None 


12 in. 




ALL YEAR 


None 


13 in. 




ALL YEAR 


5 


18 in. 




ALL YEAR 



8 aggregate 
(exes. 1 & 6) 



None 
(exes. 5j & 
13^&i8) 

None 
(exc. 16) 



16 in. 

(exes. 1. 6 & 12) 



None 

None 
(exc. 13) 



None 
(exc. 16) 



ALL YEAR 

(exes. 6. 15, & 17) 



ALL YEAR 

ALL YEAR 

(exc. 5) 



ALL YEAR 

(exc, 7) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam, and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 



1652 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



PROPOSED RULES 



of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

(3) Under an agreement with Tennessee, the minimum size limit on trout in Calderwood Reservoir is 
seven inches. 

(4) Bass taken from Calderwood Reservoir may be retained without restriction as to size limit. 

(5) On Mattamuskeet Lake, special federal regulations apply. 

(6) In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico rivers and their 
tributaries and the Roanoke River and its tributaries, including the Cashie, Middle, and Eastmost 
rivers, extending upstream to the first impoundment, the daily creel limit for striped bass and their 
hybrids is three fish and the minimum length limit is 18 inches. In the Roanoke River and its 
tributaries, including the Cashie, Middle, and Eastmost rivers-from April 1 to May 31 no fish 
between the lengths of 22 inches and 27 inches may be retained. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(8) The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, in Lake Mackintosh 
in .Alamance and Guilford counties, in Lake Rim in Cumberland County, aad in Currituck Sound 
and tributaries north of Wright Memorial Bridgets in North River and tributaries in Currituck and 
Camden Counties north of a line between Camden Point and the end of SR 1 124^ jn High Rock 
Lake downstream of 1-85, m Tuckertown Lake, jn Badin Lake, in Falls Lake, m Lake Tillery, and 
in Blewett Falls Lake . In and west of Madison, Buncombe, Henderson and Polk Counties and in 
designated public mountain trout waters the minimum size limit is 12 inches. In B. Everett Jordan 
Reservoir a minimum size limit of 16 inches, with no exception, applies to largemouth bass. In 
Falls of Neuse Reservoir, east of SR 1004, and Sutton Lake and Tuckertown Lake no black bass 
between the lengths of 12 inches and 16 inches may be retained, and the minimum size limit for 
black bass is 16 inches, except that the daily creel may contain two black bass of less than 12 
inches in length. In W. Kerr Scott Reservoir there is no minimum size limit for spotted bass. 

(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 
above Lake James. 

(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(11) The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy 
bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thom-A-Lex in Davidson County. 

(12) In all impounded inland waters and their tributaries, except those waters described in Exceptions 
(1), the daily creel limit of striped bass and their hybrids may include not more than two fish of 
smaller size than the minimum size limit. 

(13) In Lake Tillery, Falls Lake, High Rock Lake, Badin Lake, and Tuckertown Lake^ Lake Hyco, and 
Cane Creek Lake a daily creel limit of 20 fish and a minimum size limit of 8 inches apply to 
crappie. 

(14) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 
rainbow trout. 

(15) In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, Chowan 
River, Currituck Sound, Alligator River, Scuppernong River, and their tributaries (excluding the 
Roanoke River and Cashie River and their tributaries), striped bass fishing season, size limits and 
creel limits shall be the same as those established by duly adopted rules or proclamations of the 
Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

(16) The daily creel and length limits for channel, white, and blue catfish in designated urban lakes are 
provided for in 15A NCAC IOC .0401(d). 

(17) The Executive Director may, by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 

(18) In all public fishing waters east of 1-95, except Tar River Reservoir in Nash County, and m all of 
the Lumber River the daily creel limit for all sunfish. except black bass and crappie. is 25 in 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1653 



PROPOSED RULES 



aggregate, no more than 12 of which may be redbreast sunfish. 

Statutory Authority' G.S. 113-134: 113-292: 113-304: 113-305. 

SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME FISHES: PURCHASE AND SALE 

(a) Except as permitted by the rules in this Section, it is unlawful to take nongame fishes from the inland 
fishing waters of North Carolina in any manner other than with hook and line , rod and reel, trotline or 
set hook or grabbling . Nongame fishes may be taken by ««eh hook and line methods or grabbling at any time 
without restriction as to size limits or creel limits, except that no trotlines or set-hooks may be used in the 
impounded waters located on the Sandhills Game Land or in designated public mountain trout waters, and in 
Lake Waccamaw, trotlines or set-hooks may be used only from October 1 through April 30. The season for 
taking nongame fishes by other hook and line methods in designated public mountain trout waters shall be the 
same as the trout fishing season. 

(b) Nongame fishes taken by hook and line^ grabbling methods or by licensed special devices may be sold. 

(c) Freshwater mussels may only be taken from impounded waters, except mussels shall not be taken in 
Lake Waccamaw and in University Lake in Orange County. 

(d) In the Urban Lakes listed below it is unlawful to take channel, white or blue catfish (forked tail catfish) 
by means other than hook and line; the daily creel limit for forked tail catfish is six fish in aggregate and the 
minimum length limit is 12 inches: 

Cedar Rock Pond, Alamance County 
Bur-Mil Park Ponds, Guilford County 
Oka T. Hester Pond, Guilford County 
Lake Luke Marion, Moore County 
Lake Crabtree, Wake County 
Shelley Lake, Wake County 
Freedom Park Pond, Mecklenburg County 
Hornet's Nest Ponds, Mecklenburg County 
Campus Hills Pond, Durham County 
Twin Lake Ponds, Durham County 
Rocky Mount City Lake, Nash County 

Statutory Authority G.S 113-134: 113-272; 113-292. 

.0404 SPECIAL DEVICE FISHING 

(a) Bow and Arrow. TTie use of longbow and arrow as a licensed special device is authorized for taking 
nongame fishes at any time from all inland fishing waters other than impounded waters located on the 
Sandhills Game Land and designated public mountain trout waters. Unless specifically prohibited, longbow 
and arrow may be used in joint fishing waters. It is unlawful to take fish with crossbow and arrow in any 
inland fishing waters. 

(b) Nets. Manually operated nets, including seines and bow, cast, dip, gill, drift and fyke nets may be used 
under the special device fishing license. 

(1) No fixed gill net or other stationary net which may be authorized as a special fishing device may 
be more than 100 yards in length, nor shall any such net be placed within 50 yards of any other 
fixed net. Fixed nets must be set so that they run parallel to the nearest shoreline, except in the 
Neuse, Trent, Northeast Cape Fear, Cape Fear, and Black Rivers and their tributaries. No 
anchored or fixed gill net or drift net shall be used unless such net is marked for the protection of 
boat operators. A net shall be deemed so marked when there is attached to it at each end two 
separate yellow buoys which shall be of solid foam or other solid buoyant material no less than five 
inches in its smallest dimensions. The owner shall always be identified on a buoy on each end 
either by using engraved buoys or by attaching engraved metal or plastic tags to the buoys. Such 
identification shall include one of the following: owner's N.C. motor boat registration number, 
or owner's U.S. vessel documentation name, or owner's last name and initials. 



1654 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



(2) It is unlawful to attach gill nets to any wire, rope, or similar device extended across any navigable 

watercourse. 

(c) Traps. Baskets and traps, including automobile tires, may be used under the special device fishing 
license. Such devices when set and left unattended shall be affixed with a card or tag furnished by the license 
holder and upon which his name and address shall be legibly and indelibly inscribed. No fish trap may exceed 
ten five feet in length or three two feet in depth or width. No lead nets, wing nets, or other device designed 
to guide or herd fish may be attached to the trap or used or set within 25 feet of the trap. 

(d) Spears. Manually operated gigs or under-water spear or harpoon guns may be used under the special 
fishing device license in the inland waters having a season for their use specified in Rule .0407 of this Section. 

(e) Crab pots. Persons owning property adjacent to the inland fishing waters of coastal rivers and their 
tributaries are permitted to set two crab pots to be attached to their property and not subject to special device 
license requirements. 

Statutory Authority G.S. 113-134; 113-272.2; 113-276; 113-292. 

SUBCHAPTER lOD - GAME LANDS REGULATIONS 

.0002 GENERAL REGULATIONS REGARDING USE 

(a) Trespass. Entry on game lands for purposes other than hunting, trapping or fishing shall be as 
authorized by the landowner and there shall be no removal of any plants or parts thereof, or other materials, 
without the written authorization of the landowner. Travel is restricted, except by authorized personnel, to 
direct access from SR 2074 to the established waterfowl viewing stands on Cowan's Ford Waterfowl Refuge. 
The Wildlife Resources Commission may designate areas on game lands as either an Archery Zone, Safety 
Zone or Restricted Zone. 

(1) Archery Zone. On portions of game lands posted as "Archery Zones" hunting is limited to bow 
and arrow hunting only. 

(2) Safety Zone. On portions of game lands posted as "Safety Zones" hunting is prohibited. No 
person shall hunt or discharge a firearm or bow and arrow within, into, or across a posted safety 
zone on any game land. 

(3) Restricted Zone. Portions of game lands posted as "Restricted Zones" are closed to all use by the 
general public, and entry upon such an area for any purpose is prohibited without first having 
obtained specific written approval of such entry or use from an authorized agent of the Wildlife 
Resources Commission. 

(4) Establishment of Archery and Restricted Zones. The Commission will conduct a public input 
meeting in the area where the game land is located before establishing any archery or restricted 
zone. After the input meeting the public comments will be presented to an official Commission 
meeting for final determination. 

(b) Littering. No person shall deposit any litter, trash, garbage, or other refuse at any place on any game 
land except in receptacles provided for disposal of such refiise at designated camping and target-shooting 
areas. No garbage dumps or sanitary landfills shall be established on any game land by any person, firm, 
corporation, county or municipality, except as permitted by the landowner. 

(c) Possession of Hunting Devices. It is unlawful to possess a firearm or bow and arrow on a game land 
at any time except during the open hunting seasons or hunting days for game birds or game animals, other 
than fox, thereon unless said device is cased or not immediately available for use, provided that such devices 
may be possessed and used by persons participating in field trials on field trial areas and on target shooting 
areas designated by the landowner, and possessed in designated camping areas for defense of persons and 
property; and provided further that .22 caliber pistols with barrels not greater than seven and one-half inches 
in length and shooting only short, long, or long rifle ammunition may be carried as side arms on game lands 
at any time other than by hunters during the special bow and arrow and muzzle-loading firearms deer hunting 
seasons and by individuals training dogs during closed season without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow as a licensed special fishing device in those waters where 
such use is authorized. During the closed firearms seasons on big game (deer, bear, boar, wild turkey), no 
person shall possess a shotgun shell containing larger than No. 4 shot or any rifle or pistol larger than a .22 
caliber rimfire while on a game land, except that shotgun shells containing any size steel or non-toxic shot 
may be used while waterfowl hunting. No person shall hunt with or have in possession any shotgun shell 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1655 



PROPOSED RULES 



containing lead or toxic shot while hunting on any posted waterfowl impoundment on any game land, or while 
hunting waterfowl on Butner-Falls of Neuse Game Land or New Hope Game Land, except shotgun shells 
containing lead buckshot may be used while deer hunting. 

(d) Game Lands License 

( 1 ) Hunting and Trapping 

(A) Requirement. Except as provided in Part (B) of this Subparagraph, any person entering upon any 
game land for the purpose of hunting, trapping, or participating in dog training or field trial 
activities must have in his possession a game lands license in addition to the appropriate hunting 
or trapping licenses. 

(B) Exceptions 

(i) A person under 16 years of age may hunt on game lands on the license of his parent or legal 

guardian, 
(ii) The resident and nonresident sportsman's licenses include game lands use privileges, 
(iii) Judges and nonresidents participating in field trials under the circumstances set forth in 

Subsection (e) of this Rule may do so without the game lands license, 
(iv) On the game lands listed in Rule .0003(d)(1) of this Subchapter the game lands license is 

required only for hunting doves; all other activities are subject to the control of the 

landowners. 

(2) Trout Fishing. Any person 16 years of age or over, including an individual fishing with natural 
bait in the county of his residence, entering a game land for the purpose of fishing in designated 
public mountain trout waters located thereon must have in his possession a game lands license in 
addition to the regular fishing license and special trout license. The game lands license is not 
required to fish in that part of Slick Rock Creek which coincides with the Tennessee State line, or 
when fishing from boat on Calderwood Lake. The resident and nonresident sportsman's licenses 
and short-term comprehensive fishing licenses include trout fishing privileges on game lands. 

(e) Field Trials and Training Dogs. A person serving as judge of a field trial which, pursuant to a written 
request from the sponsoring organization, has been officially authorized in writing and scheduled for 
occurrence on a game land by an authorized representative of the Wildlife Resources Commission, and any 
nonresident participating therein may do so without procuring a game lands license, provided such nonresident 
has in his possession a valid hunting license issued by the state of his residence. 

Any individual or organization sponsoring a field trial on the Sandhills Field Trial grounds or the Laurinburg 
Fox Trial facility shall file with the commission's agent an application to use the area and facility accompanied 
by a check for the facility use fee computed at the rate of fifty dollars ($50.00) for each scheduled day of the 
trial. The total facility use fee will cover the period from 12:00 noon of the day preceding the first scheduled 
day of the trial to 10:00 a.m. of the day following the last scheduled day of the trial. The facility use fee must 
be paid for all intermediate days on which for any reason trials are not run but the building or facilities are 
used or occupied. A fee of twenty-five dollars ($25. (X)) per day shall be charged to sporting, educational, or 
scouting groups for scheduled events utilizing the club house only. No person or group of persons or any 
other entity shall enter or use in any manner any of the physical fecilities located on the Laurinburg Fox Trial 
or the Sandhills Field Trial grounds without first having obtained specific written approval of such entry or 
use from an authorized agent of the Wildlife Resources Commission, and no such entry or use of any such 
facility shall exceed the scope of or continue beyond the specific approval so obtained. 

TTie Sandhills Field Trial facilities shall be used only for field trials scheduled with the approval of the 
Wildlife Resources Commission. No more than 16 days of field trials may be scheduled for occurrence on 
the Sandhills facilities during any calendar month, and no more than four days may be scheduled during any 
calendar week; provided, that a field trial requiring more than four days may be scheduled during one week 
upon reduction of the maximum number of days allowable during some other week so that the monthly 
maximum of 16 days is not exceeded. Before October 1 of each year, the North Carolina Field Trial 
Association or other organization desiring use of the Sandhills facilities between October 22 and November 
18 and between December 3 and March 31 must submit its proposed schedule of such use to the Wildlife 
Resources Commission for its consideration and approval. The use of the Sandhills Field Trial facilities at 
any time by individuals for training dogs is prohibited; elsewhere on the Sandhills Game Lands dogs may be 
trained only on Mondays, Wednesdays and Saturdays from October 1 through April 1 . 

Dogs may not be trained or permitted to run unleashed between April 1 and August 15 on any game land 
located west of 1-95, except when participating in field trials sanctioned by the Wildlife Resources 



1656 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



Commission. 

(f) Trapping. Subject to the restrictions contained in 15A NCAC lOB .0110, .0302 and .0303, trapping 
of furbearing animals is permitted on game lands during the applicable open seasons, except that trapping is 
prohibited: 

(1) on the field trial course of the Sandhills Game Land; 

(2) on the Harmon Den and Sherwood bear sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any game land; 

(4) by the use of multiple sets (with anchors less than 15 feet apart) or bait on the National Forest 
Lands bounded by the Blue Ridge Parkway on the south, US 276 on the north and east, and NC 
215 on the west; 

(5) on that portion of the Butner-Falls of Neuse Game Lands marked as the Penny Bend Rabbit 
Research area; 

(6) on Cowan's Ford Waterfowl Refuge in Gaston, Lincoln and Mecklenburg Counties; 

(7) on the Hunting Creek Swamp Waterfowl Refuge. 

On those areas of state-owned land known collectively as the Roanoke River Wetlands and including the 
Broadneck, Company Swamp, Conine Island, Speller-Outlaw and Urquhart tracts, controlled trapping is 
allowed under a permit system. For information contact the Division of Wildlife Management of the Wildlife 
Resources Commission. 

(g) Use of Weapons. No person shall hunt or discharge a firearm or bow and arrow from a vehicle, or 
within 200 yards of any building or designated camping area, or within, into, or across a posted "safety zone" 
on any game land. No person shall hunt with or discharge a firearm within, into, or across a posted 
"restricted zone" on any game land. 

(h) Vehicular Traffic. No person shall drive a motorized vehicle on any game land except on those roads 
constructed and maintained for vehicular travel and those trails posted for vehicular travel, unless such person: 

(1) is a participant in scheduled bird dog field trials held on the Sandhills Game Land; or 

(2) is a disabled license holder pursuant to G.S. 1 13-270.2 and G.S. 1 13-271 and the underlying basis 
for obtaining such license was limited physical mobility. Persons meeting this criteria may operate 
electric wheelchairs and All Terrain Vehicles on those game lands owned by the Wildlife Resources 
Commission. For purposes of this Rule, the term "wheelchair" is defined as a device that is 
designed solely to be used by mobility-impaired individuals for locomotion. The term "All Terrain 
Vehicle" is defined as those vehicles having three or four wheels, tire pressure of no more than five 
pounds per square inch and a gross vehicle weight of no more than 600 pounds. Notwithstanding 
this Rule, no person shall operate an electric wheelchair, an All Terrain Vehicle, or any other 
motorized vehicle on wildlife plantings, high risk areas of erosion, dedicated nature preserves, 
other areas in which no access is permitted or in streams except at ford crossings. 

(i) Camping. No person shall camp on any game land except on an area designated by the landowner for 
camping. 

(j) Swimming. Swimming is prohibited in the lakes located on the Sandhills Game Land. 

(k) Disabled Sportsman Program. In order to qualify for special hunts for disabled sportsmen listed in 15A 
NCAC lOD .0003 an individual must have in their possession a Disabled Sportsman permit issued by the 
Commission. In order to qualify for the permit, the applicant must provide medical certification of one or 
more of the following disabilities: 

(1) amputation of one or more limbs; 

(2) paralysis of one or more limbs: 

(3) dysfunction of one or more limbs rendering the person unable to walk without mechanical 
assistance other than a cane; 

(4) disease or injury or defect confining the person to a wheelchair, walker, or crutches; or 

(5) legal deafness. 

Participants in the program, except those qualifying by deafness, may operate vehicles on ungated or open- 
gated roads normally closed to vehicular traffic and may use All Terrain Vehicles, as defined in Paragraph 
(h) of this Rule, ofi"- roads on game lands owned by the Commission. Each program participant may be 
accompanied by one able-bodied companion provided such companion has in his possession the companion 
permit issued with the Disabled Sportsman permit . 

ii] Release of Animals. It js unlawful to release pen-raised animals or birds, or wild animals or birds on 
game lands without prior written authorization from the Executive Director. 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1657 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-264: 113-270.3; 113-291.2; 113-291.5; 113-305; 113-306. 

.0003 HUNTEVG ON GAME LANDS 

(a) Safety Requirements. No person while hunting on any designated game land shall be under the influence 
of alcohol or any narcotic drug, or fail to comply with special restrictions regarding the use of the Blue Ridge 
Parkway where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a vehicle on game lands in such a manner as to block 
traffic, gates or otherwise prevent vehicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to occupy, for the purpose of hunting, any tree stand or platform 
attached by nails, screws, bolts or wire to a tree on any game land designated herein. This prohibition shall 
not apply to lag-screw steps or portable stands that are removed after use with no metal left remaining in or 
attached to the tree. 

(d) Time and Manner of Taking. Except where closed to hunting or limited to specific dates by these 
regulations, hunting on game lands is permitted during the open season for the game or furbearing species 
being hunted. On managed waterfowl impoundments, hunters shall not enter the posted impoundment areas 
earlier than 4:00 a.m. on the permitted hunting dates, and hunting is prohibited after 1:00 p.m. on such 
hunting dates; decoys may not be set nut prior to 4:00 a.m. and must be removed by 3:00 p.m. each day. 
No person shall operate any vessel or vehicle powered by an internal combustion engine on a managed 
waterfowl impoundment. 

No person shall attempt to obscure the sex or age of any bird or animal taken by severing the head or any 
other part thereof, or possess any bird or animal which has been so mutilated. 

No person shall place, or cause to be placed on any game land, salt, grain, fruit, or other foods without 
prior written authorization of the commission or its agent. No person shall take or attempt to take any game 
birds or game animals attracted to such foods. 

No live wild animals or wild birds shall be removed from any game land. 

(e) Hunting Dates: For purposes of this Section "Eastern" season refers to seasons set for those counties 
or parts of counties listed in 15A NCAC lOB .0203(b)(1)(A); "Central" season refers to seasons set for those 
counties or parts of counties listed in 15A NCAC lOB .02Q3(b)(l)(D); "Northwestern" season refers to seasons 
set for those counties or parts of counties listed in 15A NCAC lOB .0203(b)(1)(B); "Western" season refers 
to seasons set for those counties or parts of counties listed m 15A NCAC lOB .0203(b)(1)(C). 

(1) Doves may be taken on the following game lands and dove hunting is limited to Mondays, 
Wednesdays, Saturdays and to Thanksgiving, Christmas and New Year's Days within the 
federally-announced season: 

Buncombe County Browntown Farms Game Land 
Guilford County— Guilford County Farm Game Land 
Lenoir County— Caswell Farm Game Land 
Wayne County— Cherry Farm Game Land 

(2) Any game may be taken during the open seasons on the following game lands and hunting is 
limited to Mondays, Wednesdays, Saturdays and Thanksgiving, Christmas and New Year's Days. 
In addition, deer may be taken with bow and arrow on the opening day of the bow and arrow 
season for deer. Special hunts on other days may also be set up for participants jn the Disabled 
Sportsman Program. Raccoon and opossum hunting may continue until 7:00 a.m. on Tuesdays, 
until 7:00 a.m. on Thursdays, and until midnight on Saturdays. Additional restrictions apply as 
indicated in parentheses following specific designations: 

Ashe County--Carson Woods Game Land 

Bladen County— Bladen Lakes State Forest Game Lands (Handguns may not be carried and, except 

for muzzle-loaders, rifles larger than .22 caliber rimfire may not be used or possessed. On the 

Breece Tract and the Singletary Tract deer and bear may be taken only by still hunting. Deer of 

either sex may be taken Mondays, Wednesdays, and Saturdays from -©h the first Wednesday after 

TTianksgiving through the following Wednesday and on the s econd Saturday after Thanksgiving . 

Deer of either sex may also be taken the Saturday preceding Eastern bow season with bow and 

arrow and the Friday preceding the Eastern muzzle-loading season with any legal weapon (with 

weapons exceptions described m this Paragraph) by participants in the Disabled Sportsman 

Program. 

Wild turkey hunting is by permit only.) 



1658 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



) 



Caswell County— Caswell Game Land ^z (Deer of either sex may also be taken the Friday preceding 
the Central muzzle-loading season by participants in the Disabled Sportsman Program.) 
Catawba and Iredell Counties— Catawba Game Land (No deer may be taken from the tract known 
as Island Point and deer may be taken with bow and arrow only from the tract known as Molly's 
backbone.) 

Lenoir County— H.M. Bizzell, Sr., Game Land 

Onslow County--White Oak River Impoundment Game Land (In addition to the dates above 
indicated, waterfowl may be taken on the opening and closing days of the applicable waterfowl 
seasons.) 

Pender County--Holly Shelter Game Land (In addition to the dates above indicated, waterfowl may 
be taken on the opening and closing days of the applicable waterfowl seasons. Deer of either sex 
may be taken on Mondays, Wednesdays, and Saturdays from the first Wednesday after 
Thanksgiving through the third Saturday after Thanksgiving. Deer of either sex may also be taken 
the Friday preceding the Eastern muzzle-loading season with any lega l weapon and the Saturday 
preceding Eastern bow season with bow and arrow by participants in the Disabled Sportsman 
Program. ) 

Richmond, Scotland and Moore Counties--Sandhills Game Land (The regular gun season for deer 
consists of the open hunting dates from the second Monday before Thanksgiving to the third 
Saturday after Thanksgiving except on the field trial grounds where the gun season is from the 
second Monday before Thanksgiving to the Saturday following Thanksgiving. Deer may be taken 
with bow and arrow on all open hunting dates during the bow and arrow season, as well as during 
the regular gun season. Deer may be taken with muzzle-loading firearms on Monday, Wednesday 
and Saturday of the second week before Thanksgiving week, and during the regular gun season. 
Either sex deer hunting with any legal weapon will also be permitted on all areas the Thursday and 
Friday prior to the muzzle-loading season described in this Paragraph for participants in the 
Disabled Sportsman Program. Except for the deer seasons above indicated and the managed 
either-sex permit hunts, the field trial grounds are closed to all hunting during the period October 
22 to March 31. In addition to the regular hunting days, waterfowl may be taken on the opening 
and closing days of the applicable waterfowl seasons.) Wild turkey hunting is by permit only. 
Robeson County--RDbeson Game Land 

Robeson County— BuUard and Branch Hunting Preserve Game Land 
Sampson County— Sampson Game Lands 

Stokes County--Sauratown Plantation Game Land (Deer of either sex may be taken with any legal 
weapon on the Friday prior to regular gun season in the Northwestern area by participants in the 
Disabled Sportsman Program.) 

Yadkin County— Huntsville Community Farms Game Land 
(3) Any game may be taken on the following game lands during the open season, except that: 

(A) Bears may not be taken on lands designated and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the use of dogs on such bear sanctuaries, and wild boar may 
be hunted only during the bow and arrow seasons, the muzzle-loading deer season and the regular 
gun season on male deer on bear sanctuaries located in and west of the counties of Madison, 
Buncombe, Henderson and Polk; 

(C) On game lands open to deer hunting located in or west of the counties of Rockingham, Guilford, 
Randolph, Montgomery and Anson, the following rules apply to the use of dogs during the 
regular season for hunting deer with guns: 

(i) Except for the counties of Cherokee, Clay, Graham, Jackson, Macon, Madison, Polk, and 

Swain, game birds may be hunted with dogs, 
(ii) In the counties of Cherokee, Clay, Graham, Jackson, Macon, Madison, Polk, and Swain, 

small game in season may be hunted with dogs on all game lands except on bear sanctuaries. 

(D) On Croatan, Jordan, and Shearon Harris Game Lands, and posted waterfowl impoundments on 
Goose Creek Game Lands, waterfowl may be taken only on Mondays, Wednesdays, Saturdays; 
on Thanksgiving, Christmas and New Year's Days; and on the opening and closing days of the 
applicable waterfowl seasons. After November 1, on the Pamlico Point, Campbell Creek, and 
Spring Creek impoundments, located on the Goose Creek Game Lands, a special permit is 
required for hunting on opening and closing days of the duck seasons, Saturdays of the duck 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1659 



PROPOSED RULES 



seasons, and on Thanksgiving and New Year's day; 

(E) On the posted waterfowl impoundments of Gull Rock Game Land hunting of any species of 
wildlife is limited to Mondays, Wednesdays, Saturdays; Thanksgiving, Christmas, and New 
Year's Days; and the opening and closing days of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of Madison, Buncombe, Henderson and Polk Counties dogs may 
not be trained or allowed to run unleashed between March 1 and October 1 1 ; 

(G) On Anson, New Lake, Pee Dee River, Pungo River, and Gull Rock Game Lands deer of either 
sex may be taken from the first Wednesday after Thanksgiving through the third Saturday after 
Thanksgiving. 

(H) On Butner-Falls of Neuse and Person Game Lands waterfowl may be taken only on Tuesdays, 

Thursdays and Saturdays, Christmas and New Year's Days, and on the opening and closing days 

of the applicable waterfowl seasons; 
(I) On Angola Bay, Butner-Falls of Neuse, Croatan, Goose Creek, afld Hofmann Forest^ and Sutton 

Lake Game Lands deer of either sex may be taken from the first Wednesday after Thanksgiving 

through the following Saturday; 
(J) On Croatan and Neuse River Game Lands deer of either sex may be taken from the first 

Wednesday after Thanksgiving through the following Tuesday; 
{ij (K) Horseback riding is allowed on the Caswell and Thurmond Chatham game lands only during 

June, July, and August and on Sundays during the remainder of the year except during open 

turkey and deer seasons. Horseback riding is allowed only on roads opened to vehicular traffic. 

Participants must obtain a game lands license prior to engaging in such activity; 
{K) (L) On the posted waterfowl impoundments on the Jordan and Butner-Falls of Neuse game lands 

a special permit is required for all waterfowl hunting; 
(fe) (M) Additional restrictions or modifications apply as indicated in parentheses following specific 

designations: 

Alexander and Caldwell Counties— Brushy Mountains Game Lands 

Anson County— Anson Game Land 

Anson, Montgomery, Richmond and Stanly Counties— Pee Dee River Game Lands 

Ashe County--Elk Ridge Game Lands 

Ashe County— ChenDkee Game Lands 

Ashe and Watauga Counties--Elk Knob Game Land 

Avery, Buncombe, Burke, Caldwell, Haywood, Henderson, Jackson, Madison, McDowell, 

Mitchell, Transylvania, Watauga and Yancey Counties— Pisgah Game Lands (Harmon Den and 

Sherwood Bear Sanctuaries in Haywood County are closed to hunting raccoon, opossum and 

wildcat. Training raccoon and opossum dogs is prohibited from March 1 to October 1 1 in that 

part of Madison County north of the French Broad River, south of US 25-70 and west of SR 

1319.) 

Bertie — Bertie County Game Land 

Bertie and Washington Counties--Bachelor Bay Game Lands 

Beaufort and Pamlico Counties— Goose Creek Game Land 

Brunswick County— Green Swamp Game Land 

Burke and Cleveland Counties— South Mountains Game Lands 

Caldwell, Watauga and Wilkes Counties— Yadkin Game Land 

Camden — Camden County Game Land 

Carteret, Craven and Jones Counties— Croatan Game Lands 

Chatham County— Chatham Game Land 

Chatham, Durham, Orange, and Wake Counties— Jordan Game Lands (On areas posted as 

"archery zones" hunting is limited to bow and arrow. Horseback riding, including all equine 

species, is prohibited. Target shooting is prohibited except on designated target shooting areas. ) 

Chatham and Wake Counties— Shearon Harris Game Land 

Cherokee, Clay, Graham, Jackson, Macon, Swain and Transylvania Counties— Nantahala Game 

Lands. Raccoon and opossum may be hunted only from sunset Friday until sunrise on Saturday 

and from sunset until 12:00 midnight on Saturday on Fires Creek Bear Sanctuary in Clay County 

and in that part of Cherokee County north of US 64 and NC 294, east of Persimmon Creek and 

Hiwassee Lake, south of Hiwassee Lake and west of Nottely River; in the same part of Cherokee 



1660 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



County dog training is prohibited from March 1 to October 11. It is unlawful to train dogs or 

allow dogs to run unleased on any game land in Graham County between March 1 and October 

11. 

Chowan County— Chowan Game Land 

Cleveland County— Gardner- Webb Game Land 

Craven County— Neuse River Game Land 

Currituck County— North River Game Land 

Currituck County— Northwest River Marsh Game Land 

Dare County— Dare Game Land (No hunting on posted parts of bombing range.) 

Davidson, Davie, Montgomery, Rowan and Stanly Counties— Alcoa Game Land 

Davidson County— Linwood Game Land 

Davidson, Montgomery and Randolph Counties— Uwharrie Game Land 

Duplin and Pender Counties— Angola Bay Game Land 

Durham, Granville and Wake Counties— Butner- Falls of Neuse Game Land (On that part marked 

as the Penny Bend Rabbit Research Area no hunting is permitted. Horseback riding, including 

all equine species, is prohibited. Target shooting is prohibited except on designated target 

shooting areas . ) 

Gates County--Chowan Swamp Game Land 

Henderson, Polk and Rutherford Counties— Green River Game Lands 

Hyde County— Gull Rock Game Land 

Hyde County— Pungo River Game Land 

Hyde and Tyrrell Counties— New Lake Game Land 

Jones and Onslow Counties— Hofmann Forest Game Land 

Lee County— Lee Game Land 

McDowell and Rutherford Counties— Dysartsville Game Lands 

Moore County— Moore Game Land 

New Hanover County— Sutton Lake Game Land 

Person County— Fterson Game Land 

Transylvania County— Toxaway Game Land 

Tyrrell and Washington Counties— Lantern Acres Game Land 

Vance County— Vknce Game Land. (The use of dogs, centerfire rifles and handguns for hunting 

deer is prohibited on the Nutbush Peninsula tract of Vance Game Lands.) 

Wilkes County— Thurmond Chatham Game Land (Deer of either sex may be taken with bow and 

arrow on the Saturday prior to Northwestern bow and arrow season by participants of the 

Disabled Sportsman Program.) 

(4) Deer of either sex may be taken on the hunt dates indicated by holders of permits to participate in 
managed hunts scheduled and conducted in accordance with this Subparagraph on the game lands 
or portions of game lands included in the following schedule: 

Friday and Saturday of the first week after Thanksgiving Week: 

Uwharrie and Alcoa southeast of NC 49 
Thursday and Friday of the week before Thanksgiving Week: 

Sandhills east of US 1 

Sandhills west of US 1 
Application forms for permits to participate in managed deer hunts on game lands, together with 
pertinent information and instructions, may be obtained from hunting and fishing license agents and 
from the Wildlife Resources Commission. Completed applications must be received by the 
Commission not later than the first day of September next preceding the dates of hunt. Permits 
are issued by random computer selection, are mailed to the permittees prior to the hunt, and are 
nontransferable. A hunter making a kill must tag the deer and report the kill to a wildlife 
cooperator agent. 

(5) The following game lands and Federal Wildlife Refuge are closed to all hunting except to those 
individuals who have obtained a valid and current permit from the Wildlife Resources Commission: 
Bertie, Halifax and Martin Counties--Roanoke River Wetlands; 

Bertie County— Roanoke River National Wildlife Refuge. 

Dare County— Dare Game Lands (Those parts of bombing range posted against hunting) 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1661 



PROPOSED RULES 



Davie— Hunting Creek Swamp Waterfowl Refuge 

Gaston, Lincoln and Mecklenburg Counties— Cowan's Ford Waterfowl Refuge (except for 

youth either-sex deer hunts by permit only on the first and second Saturdays in October). 



StatHton- Ainborin' G.S. 113-134: 113-264; 113-291.2; 113-291.5; 113-305. 






Jylotice is hereby given in accordance with G.S. 150B-21.2 that the Department of Environment, Health, and 
Natural Resources. Division of Radiation Protection intends to adopt rule cited as 15A NCAC 11 . 1423. 

1 he proposed effective date of this action is July 1 , 1993. 

1 he public hearing will be conducted at 3;00 p.m. and 7;00 p.m. on January 11, 1994 at 3825 Barrett Drive, 
Room 101. Raleigh, NC 27609 . 

MXeason for Proposed Action: Establish annual fees on persons registered pursuant to the provisions of 15A 
NCAC 11. Section .1400 to cover the anticipated costs of tanning equipment inspection and enforcement 
activities of the agency. 

(comment Procedures: Written comments should be submitted to the Division of Radiation Protection, P.O. 
Bo.x 27687, Raleigh, NC 2761 1-7687. Any person requiring information concerning these rules should 
contact Lanny L. Vtbtkins, Chief Electronic Product Radiation Section. Written cotnments will be accepted 
until January 31 . 1994. 

CHAPTER 1 1 - RADIATION PROTECTION 

SECTION .1400 - TANNING FACILITIES 

.1423 FEES AND PAYMENT 

(a) This Rule establishes annual fees on persons registered pursuant to the provisions of this Section to cover 
the anticipated costs of tanning equipment inspection and enforcement activities of the agency. 

(b) All fees established in this Rule shall be due on the effective date of this Rule and on the first day of 
July of each subsequent year. 

(c) Notwithstanding Paragraph (b) of this Rule, when a new registration is issued by the agency after the 
first day of July of any year, the initial fee shall be due on ^he date of issuance of the registration. 

(d) The initial fee ]n Paragraph (c) of this Rule shall be computed as follows: 

(1) When any new registration is issued before the first day of January of any year, the initial fee shall 
be the full amount specified in this Rule; and 

(2) When any new registration is issued on or after the first day of Ja nuary of any year, the initial fee 
shall be one-half of the amount specified in this Rule. 

(e) All fees received by the agency pursuant to provisions of this Rule shall be nonrefundable. 

(f) Each registrant shall pay all fees by check or money order made payable to "Division of Radiation 
Protection" and mail such payment to: Division of Radiation Protection, North Carolina Department of 
Environment. Health, and Natural Resources, P.O. Box 27687, Raleigh, North Carolina 2761 1-7687. Such 
payment may be delivered to the agency at its office located at 3825 Barrett Drive, Raleigh. North Carolina 
27609-7221. 

(g) Within five days after the due dates established in Paragraphs (b) and (c) of this Rule, the agency shall 
mail to each registrant, who has not already submitted payment, a notice which indicates the due date, 
delinquent date and the amount of fees due. 

(h) Payment of fees established m this Rule shall be delinquent, if not received by the agency within 60 days 
after the due date specified in Paragraphs (b) and (c) of this Rule. 



1662 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



£i} If a registrant remits a fee in the form of a check or other instrument which is uncollectible from the 
paving institution, the agency shall notify the registrant by certified mail and allow the registrant 15 days to 
correct the matter. 

£i} If payment of fees ]s uncollectible from the paying institution or not submitted to the agency by the 
delinquent date, the agency may institute appropriate legal action to collect. 

(k) Annual fees for persons registered pursuant to provisions of this Section are as listed m the following 
table: 



Tvpe of 
registered facility 


Letters appearing 
in registration number 


Facility plus first 

Piece of Tanning 

Equipment 


Each additional 

Piece of Tanning 

Equipment 


Tanning Facility 


B 


$100.00 


$16.00 


Tanning Equipment 
Services 


F 


$100.00 


NA 



Statutory Authority^ G.S. 104E-9(8); 104E-19(a). 






JSotice is hereby given in accordance with G.S. 150B-2L2 that EHNR - Commission for Health Services 
intends to amend rule cited as ISA NCAC 13B . 1628. 

1 he proposed effective date of this action is April 9, 1994. 

1 he public hearing will be conducted at 10:00 a.m. on December 20, 1993 at the Ground Floor Hearing 
Room, Archdale Building, 512 North Salisbury Street, Raleigh, NC. 

Ixeason for Proposed Action: To provide local governments in North Carolina with an additional Mechanism 
to comply with financial assurance requirements for municipal solid waste landfill facilities. The amendment 
would also allow local governments to comply with the financial assurance rule without expending funds while 
expediting compliance with financial assurance requirements. 

i^omment Procedures: All persons interested in these matters are invited to attend the public hearing. 
Written comments may be presented at the public hearing or submitted to Brad Rutledge, Division of Solid 
Wjste Management, Solid Wjste Section, P.O. Box 27687, Raleigh, NC 27611-7687. All written comments 
must be received by January 3, 1994. Persons who wish to speak at the hearing should contact Mr. Rutledge 
at (919) 733-0692. Persons who call in advance of the hearing will be given priority on the speaker's list. 
Oral presentation lengths may be limited depending on the number of people that wish to speak at the public 
hearing. Only persons who have made comments at a public hearing or who have submitted written comments 
will be allowed to speak at the Commission meeting. Convnents made at the Commission meeting must either 
clarify previous comments or proposed changes from staff pursuant to convnents made during the public 
hearing process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES THROUGH THE PUBUC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY OR ALL PROVISIONS OF THE PROPOSED RULES THE 
COMMISSION MAY MAKE CHANGES TO THE RULES AT THE COMMISSION MEETING IF THE CHANGES COMPLY 
WITH G.S. 1508-21.20. 

hiditor's Note: This Rule was filed as a temporary amendment effective November 9, 1993 for a period 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1663 



PROPOSED RULES 



of 180 days or until the permanent rule becomes effective, whichever is sooner. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13B - SOLID WASTE MANAGEMENT 

SECTION .1600 - REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES 

(MSWLFs) 

.1628 FINANCIAL ASSURANCE RULE 

(a) Applicability and Effective Date. 

(1) The requirements of this Rule apply to owners and operators of all MSWLF units that receive 
waste on or after October 9, 1993, except owners or operators who are State or Federal 
government entities whose debts and liabilities are the debts and liabilities of a State or the United 
States. 

(2) The requirements of this Rule are effective April 9, 1994. 

(3) MSWLF units owned and operated by units of local government or public authorities may elect to 
use a Capital Reserve Fund as described in Paragraph (e)(l)(I) of this Rule. 

(4) Owners and operators of all MSWLF units shall submit detailed cost estimates for closure and post- 
closure in accordance with Rule .1629 and this Rule; and, if necessary, for corrective action 
programs in accordance with Rule .1637 and this Rule. 

(5) Under this Rule, when documents are required to be placed in the operating record of a MSWLF 
unit, three copies shall be forwarded to the Division. 

(6) When allowable mechanisms as specified in Paragraph (e) of this Rule are used in combination to 
provide financial assurance for closure, post-closure or corrective action, no more than one 
allowable mechanism shall be provided by the same financial institution or its corporate entities. 

(b) Financial Assurance for Closure. 

(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of 
hiring a third party to close the largest area of all MSWLF units at any time during the active life 
in accordance with the closure plan required under Rule .1629. A copy of the closure cost 
estimate must be placed in the MSWLF's closure plan and the operating record. 

(A) The cost estimate must equal the cost of closing the largest area of all MSWLF units at any time 
during the active life when the extent and manner of its operation would make closure the most 
expensive, as indicated by its closure plan as set forth in Rule .1629 of this Section. 

(B) During the active life of the MSWLF unit, the owner or operator must annually adjust the closure 
cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the 
financial instrument(s). For owners and operators using the local government financial test, the 
closure cost estimate must be updated for inflation within 30 days after the close of the local 
government's fiscal year and before submission of updated information to flie Division. 

(C) The owner or operator must increase the closure cost estimate and the amount of financial 
assurance provided under Subparagraph (2) of this Paragraph if changes to the closure plan or 
MSWLF unit conditions increase the maximum cost of closure at any time during the remaining 
active life. 

(D) The owner or operator may reduce the closure cost estimate and the amount of financial assurance 
provided under Subparagraph (2) of this Paragraph if the cost estimate exceeds the maximum cost 
of closure at any time during the remaining life of the MSWLF unit. Prior to any reduction of 
the closure cost estimate by the owner or operator, a written justification for the reduction must 
be submitted to the Division. No reduction of the closure cost estimate shall be allowed without 
Division approval. The reduction justification and the Division approval must be placed in the 
MSWLF's operating record. 

(2) The owner or operator of each MSWLF unit must establish financial assurance for closure of the 
MSWLF unit in compliance with Paragraph (e) of this Rule. The owner or operator must provide 
continuous coverage for closure until released from financial assurance requirements by 
demonstrating compliance with Rule .1627(c) for final closure certification. 

(c) Financial Assurance for Post-Closure Care. 



1664 8:17 NORTH CAROLINA REGISTER December 1, 1993 



( 



PROPOSED RULES 



) 



(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of 
hiring a third party to conduct post-closure care for the MSWLF unit in compliance with the post- 
closure plan developed under Rule .1629 of this Section. The post-closure cost estimate used to 
demonstrate financial assurance in Subparagraph (2) of this Paragraph must account for the total 
costs of conducting post-closure care, including annual and periodic costs as described in the post- 
closure plan over the entire post-closure care period and be placed in the operating record. 

(A) The cost estimate for post-closure care must be based on the most expensive costs of post-closure 
care during the post-closure care period. 

(B) During the active life of the MSWLF unit and during the post-closure care period, the owner or 
operator must annually adjust the post-closure cost estimate for inflation within 60 days prior to 
the anniversary date of the establishment of the financial instrument(s). For owners and operators 
using the local government financial test, the post-closure cost estimate must be updated for 
inflation within 30 days after the close of the local government's fiscal year and before 
submission of updated information to the Division. 

(C) The owner or operator must increase the post-closure care cost estimate and the amount of 
financial assurance provided under Subparagraph (2) of this Paragraph if changes in the post- 
closure plan or MSWLF unit conditions increase the maximum costs of post-closure care. 

(D) The owner or operator may reduce the post-closure cost estimate and the amount of financial 
assurance provided under Subparagraph (2) of this Paragraph if the cost estimate exceeds the 
maximum costs of post-closure care remaining over the post-closure care period. Prior to any 
reduction of the post-closure cost estimate by the owner or operator, a written justification for 
the reduction must be submitted to the Division. No reduction of the post-closure cost estimate 
shall be allowed without Division approval. The reduction justification and the Division approval 
must be placed in the MSWLF's operating record. 

(2) The owner or operator of each MSWLF unit must establish, in a manner in accordance with 
Paragraph (e) of this Rule, financial assurance for the costs of post-closure care as required under 
Rule .1629 (c) of this Section. The owner or operator must provide continuous coverage for post- 
closure care until released from financial assurance requirements for post-closure care by 
demonstrating compliance with Rule .1627(d) of this Section. 

(d) Financial Assurance for Corrective Action. 

(1) An owner or operator of a MSWLF unit required to undertake a corrective action program under 
Rule .1637 of this Section must have a detailed written estimate, in current dollars, of the cost of 
hiring a third party to perform the corrective action. The corrective action cost estimate must 
account for the total costs of corrective action activities as described in the corrective action 
program for the entire corrective action period. The owner or operator must notify the Division 
that the estimate has been placed in the operating record. 

(A) The owner or operator must annually adjust the estimate for inflation within 60 days prior to the 
anniversary date of the establishment of the financial instrument(s) until the corrective action 
program is completed in accordance with Rule . 1637(f) of this Section. For owners and operators 
using the local government financial test, the corrective action cost estimate must be updated for 
inflation within 30 days after the close of the local government's fiscal year and before 
submission of updated information to the Division. 

(B) The owner or operator must increase the corrective action cost estimate and the amount of 
financial assurance provided under Subparagraph (2) of this Paragraph if changes in the corrective 
action program or MSWLF unit conditions increase the maximum costs of corrective action. 

(C) The owner or operator may reduce the corrective action cost estimate and the amount of financial 
assurance provided under Subparagraph (2) of this Paragraph if the cost estimate exceeds the 
maximum remaining costs of corrective action. Prior to any reduction of the corrective action 
cost estimate by the owner or operator, a written justification for the reduction must be submitted 
to the Division. No reduction of the corrective action cost estimate shall be allowed without 
Division approval. The reduction justification and the Division approval must be placed in the 
MSWLF's operating record. 

(2) Tlie owner or operator of each MSWLF unit required to undertake a corrective action program 
under Rule .1637 of this Section must establish, in a manner in accordance with Paragraph (e) of 
this Rule, financial assurance for the most recent corrective action program. The owner or 



8:17 NORTH CAROLINA REGISTER December I, 1993 1665 



PROPOSED RULES 



operator must provide continuous coverage for corrective action until released from financial 
assurance requirements for corrective action by demonstrating compliance with Rule .1637(f) and 
(g) of this Section, 
(e) Allowable Mechanisms. 
(1) The mechanisms used to demonstrate financial assurance under this Rule must ensure that the funds 
necessary to meet the costs of closure, post-closure care, and corrective action for known releases 
will be available whenever they are needed. Owners and operators must choose from the options 
specified in Parts (A) through (1) of this Paragraph. 
(A) Trust Fund. 

(i) An owner or operator may satisfy the requirements of this Paragraph by establishing a trust 
fund which conforms to the requirements of this Part. TTie trustee must be an entity which 
has the authority to act as a trustee and whose trust operations are regulated and examined 
by a Federal or State agency. A copy of the trust agreement must be placed in the facility's 
operating record, 
(ii) Payments into the trust fund must be made annually by the owner or operator over the term 
of the initial permit or over the remaining life of the MSWLF unit, in the case of a trust fund 
for closure or post-closure care, or over one-half of the estimated length of the corrective 
action program in the case of corrective action for known releases. This period is referred 
to as the pay-in period, 
(iii) For a trust fund used to demonstrate financial assurance for closure and post-closure care, the 
first payment into the fund must be at least equal to the current cost estimate for closure or 
post-closure care, except as provided in Part (J) of this Paragraph, divided by the number of 
years in the pay-in period as defined in Part (A)(ii) of this Paragraph. The amount of 
subsequent payments must be determined by the following formula: 



Next Payment = CE-CV 



where CE is the current cost estimate for closure or post-closure care (updated for inflation 
or other changes), CV is the current value of the trust fund, and Y is the number of years 
remaining in the pay-in period, 
(iv) For a trust fund used to demonstrate financial assurance for corrective action, the first 
payment into the trust fund must be at least equal to one-half of the current cost estimate for 
corrective action, except as provided in Part (J) of this Paragraph. The amount of subsequent 
payments must be deteimined by the following formula: 

Next Payment = CE-CV 



where CE is the current cost estimate for corrective action (updated for inflation or other 
changes), CV is the current value of the trust fund, and Y is the number of years remaining 
in the pay-in period. 

(v) The initial payment into the trust fund must be made before the initial receipt of waste or 
before the effective date of this Rule (April 9, 1994), whichever is later, in the case of 
closure and post-closure care, or no later than 120 days after the corrective action remedy has 
been selected in accordance with the requirements of Rule .1636 of this Section. Subsequent 
payments shall be made no later than 30 days after each anniversary date of the first payment. 

(vi) If the owner or operator establishes a trust fund after having used one or more alternate 
mechanisms specified in this Paragraph, the initial payment into the trust fiind must be at least 
the amount that the fund would contain if the trust fund were established initially and annual 
payments made according to the specifications of this Part. 

(vii) The owner or operator, or other person authorized to conduct closure, post-closure care, or 
corrective action activities may request reimbursement from the trustee and Division for these 
expenditures. Requests for reimbursement will be granted only if sufficient funds are 
remaining in the trust fund to cover the remaining costs of closure, post-closure care, or 



1666 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



\ 



corrective action, and if justification and documentation of tiie cost is placed in the operating 

record. The owner or operator must document in the operating record that reimbursement 

has been received, 
(viii) The trust fund may be terminated by the owner or operator only if the owner or operator 

substitutes alternate financial assurance as specified in this Rule or if no longer required to 

demonstrate financial responsibility in accordance with the requirements of Paragraph (b)(2), 

(c)(2) or (d)(2) of this Rule, 
(ix) The trust agreement shall be accompanied by a formal certification of acknowledgement. 

Schedule A of the trust agreement shall be updated within 60 days after any change in the 

amount of the current cost estimate covered by the agreement. 

(B) Surety Bond Guaranteeing Payment or Performance. 

(i) An owner or operator may demonstrate financial assurance for closure or post-closure care 
by obtaining a payment or performance surety bond which conforms to the requirements of 
this Part. An owner or operator may demonstrate financial assurance for corrective action 
by obtaining a performance bond or a payment bond which conforms to the requirements of 
this Part. The bond must be effective before the initial receipt of waste or before the 
effective date of this Rule, (April 9, 1994), whichever is later, in the case of closure and 
post-closure care, or no later than 120 days after the corrective action remedy has been 
selected in accordance with the requirements of Rule .1636 of this Section. The owner or 
operator must place a copy of the bond in the operating record. The surety company issuing 
the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds 
in Circular 570 of the U.S. Department of the Treasury. 

(ii) The penal sum of the bond must be in an amount at least equal to the current closure, 
post-closure care or corrective action cost estimate, whichever is applicable, except as 
provided in Paragraph (e)(l)(J) of this Rule. 

(iii) Under the terms of the bond, the surety will become liable on the bond obligation when the 
owner or operator fails to perform as guaranteed by the bond. 

(iv) The owner or operator must establish a standby trust fund. TTie standby trust fund must meet 
the requirements of Paragraph (e)(1) (A) of this Rule except the requirements for initial 
payment and subsequent annual payments specified in Paragraph (e)(l)(A)(ii), (iii), (iv) and 
(v) of this Rule. 

(v) Payments made under the terms of the bond will be deposited by the surety directly into the 
standby trust fund. Payments from the trust fund must be approved by the trustee and 
Division. 

(vi) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation 
by certified mail to the owner and operator and to the Division 120 days in advance of 
cancellation. If the surety cancels the bond, the owner or operator must obtain alternate 
financial assurance as specified in this Rule. 

(vii) TTie owner or operator may cancel the bond only if alternate financial assurance is substituted 
as specified in this Rule or if the owner or operator is no longer required to demonstrate 
financial responsibility in accordance with Paragraph (b)(2), (c)(2) or (d)(2) of this Rule. 

(C) Letter of Credit. 

(i) An owner or operator may satisfy the requirements of this Paragraph by obtaining an 
irrevocable standby letter of credit which conforms to the requirements of this Part. The 
letter of credit must be eflFective before the initial receipt of waste or before the effective date 
of this Rule (April 9, 1994), whichever is later, in the case of closure and post-closure care, 
or no later than 120 days after the corrective action remedy has been selected in accordance 
with the requirements of Rule .1636 of this Section. The owner or operator must place a 
copy of the letter of credit in the operating record. The issuing institution must be an entity 
which has the authority to issue letters of credit and whose letter of credit operations are 
regulated and examined by a Federal or State agency. 

(ii) A letter from the owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: name and address of the 
facility, and the amount of funds assured, must be included with the letter of credit in the 
operating record. 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1667 



PROPOSED RULES 



(iii) The letter of credit must be irrevocable and issued for a period of at least one year in an 
amount at least equal to the current cost estimate for closure, post-closure care or corrective 
action, whichever is applicable, except as provided in Paragraph (e)(l)(J) of this Rule. The 
letter of credit must provide that the expiration date will be automatically extended for a 
period of at least one year unless the issuing institution has canceled the letter of credit by 
sending notice of cancellation by certified mail to the owner and operator and to the Division 
120 days in advance of cancellation. If the letter of credit is canceled by the issuing 
institution, the owner or operator must obtain alternate financial assurance. 

(iv) The owner or operator may cancel the letter of credit only if alternate financial assurance is 
substituted as specified in this Rule or if the owner or operator is released from the 
requirements of Paragraph (t)(2), (c)(2) or (d)(2) of this Rule. 

(v) The owner or operator must establish a standby trust fund. The standby trust fund must meet 
the requirements of Paragraph (e)(1)(A) of this Rule except the requirements for initial 
payment and subsequent annual payments specified in Paragraph (e)(I)(A)(ii), (iii), (iv) and 
(v) of this Rule. 

(vi) Payments made under the terms of the letter of credit will be deposited by the issuing 
institution directly into the standby trust fund. Payments from the trust fund must be 
approved by the trustee and the Division. 
(D) Insurance. 

(i) An owner or operator may demonstrate financial assurance for closure and post-closure care 
by obtaining insurance which conforms to the requirements of this Part. The insurance must 
be effective before the initial receipt of waste or before the effective date of this Rule, (April 
9, 1994), whichever is later. At a minimum, the insurer must be licensed to transact the 
business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, 
in North Carolina. The owner or operator must place a copy of the insurance policy in the 
operating record. 

(ii) TTie closure or post-closure care insurance policy must guarantee that funds will be available 
to close the MSWLF unit whenever final closure occurs or to provide post-closure care for 
the MSWLF unit whenever the post-closure care period begins, whichever is applicable. The 
policy must also guarantee that once closure or post-closure care begins, the insurer will be 
responsible for the paying out of funds to the owner or operator or other person authorized 
to conduct closure or post-closure care, up to an amount equal to the face amount of the 
policy. 

(iii) The insurance policy must be issued for a face amount at least equal to the current cost 
estimate for closure or post-closure care, whichever is applicable, except as provided in 
(e)(l)(J) of this Rule. The term "face amount" means the total amount the insurer is obligated 
to pay under the policy. Actual payments by the insurer will not change the face amount, 
although the insurer's future liability will be lowered by the amount of the payments. 

(iv) An owner or operator, or any other person authorized to conduct closure or post-closure care, 
may receive reimbursements for closure or post-closure expenditures, whichever is applicable. 
Requests for reimbursement will be granted by the insurer only if the remaining value of the 
policy is sufficient to cover the remaining costs of closure or post-closure care, and if 
justification and documentation of the cost is placed in the operating record. The owner or 
operator must document in the operating record that reimbursement and Division approval 
has been received. 

(v) Each policy must contain a provision allowing assignment of the policy to a successor owner 
or operator. Such assignment may be conditional upon consent of the insurer, provided that 
such consent is not unreasonably refused. 

(vi) The insurance policy must provide that the insurer may not cancel, terminate or fail to renew 
the policy except for failure to pay the premium. The automatic renewal of the policy must, 
at a minimum, provide the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer may cancel the policy 
by sending notice of cancellation by certified mail to the owner and operator and to the 
Division 120 days in advance of cancellation. If the insurer cancels the policy, the owner or 
operator must obtain alternate financial assurance as specified in this Rule. 



1668 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



(vii) For insurance policies providing coverage for post-closure care, commencing on the date that 
liability to make payments pursuant to the policy accrues, the insurer will thereafter annually 
increase the face amount of the policy. Such increase must be equivalent to the face amount 
of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of 
the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. 
Treasury for 26- week Treasury securities. 

(viii) The owner or operator may cancel the insurance policy only if alternate financial assurance 
is substituted as specified in this Rule or if the owner or operator is no longer required to 
demonstrate financial responsibility in accordance with the requirements of Paragraph (l3)(2), 
(c)(2) or (d)(2) of this Rule. 

(E) Corporate Financial Test. 
[Reserved] 

fF) — Local Government Financial Test. 
[Reserved] 

(F) Local Government Financial Test. An owner or operator of a MSWLF which is a unit of local 
govenmient may satisfy the requirements of this Paragraph by demonstrating that it meets the 
requirements of the local government financial test as specified in this Part. Financial terms used 
in this Part are to be interpreted consistent with generally accepted accounting principles. The 
test consists of a financial component, a public notice component, and a record-keeping and 
reporting component. A unit of local government shall satisfy each of the three components 
annually to pass the test. 

(i) Financial Component. In order to satisfy the financial component of the test, a unit of local 
government shall meet the criteria of either (I) or XII) of this Subpart and ]n addition shall 
meet the conditions outlined in (III) of this Subpart. 

(I) A ratio of the current cost estimates for closure, post-closure, corrective action, or the sum 
of the combination of such costs to be covered, and any other environmental obligations 
assured by a financial test, to total revenue fas stated on the Local Government 
Commission's Annual Financial Information Report (AFIR) Part 2] less than or equal to 
0.43; a ratio of operating cash plus investments (as stated on the AFIR Part 7} to total 
operating expenditures (as stated on the AFIR Part 4 Columns a and b and Part 5 for 
municipalities or Part 5 excluding educational capital outlays for counties) greater than or 
equal to 0.05; and a ratio of annual debt service (as stated on the AFIR Part 4 Section 1} 
to total operating expenditures less than or equal to 0.20. 

(II) A current bond rating of Baa or above as issued by Moody's, BBB or above as issued by 
Standard & Poor's, BBB or above as issued by Fitch's, or 75 or above as issued by the 
Municipal Council; a ratio of the current cost estimates for closure, post-closure, 
corrective action, or the sum of the combination of such costs to be covered, and any 
other environmental obligations assured by a financial test to total revenue less than or 
equal to 0.43. 

(III) A unit of local government must not have operated at a total operating fund deficit equal 
to five percent or more of total annual revenue in either of the past two fiscal years; jt 
must not currently be in default on any outstanding general obligation bonds or any other 
long-term obligations; and it must not have any outstanding genera l obligation bonds rated 
lower than Baa as issued by Moody's, BBB as issued by Standard & Poor's, BBB as 
issued by Fitch's or lower than 75 as issued by the Municipal Council. 

(ii) Public Notice Component. In order to satisfy the F\iblic Notice Component of the test, a unit 
of local government shall disclose its closure, post-closure, and corrective action cost 
estimates and relevant information in accordance with generally accepted accounting 
principles. 

(iii) Record-keeping and Reporting Component. To demonstrate that the unit of local government 
meets the requirements of this test, a letter signed by the unit of local government's chief 
financial officer (CFO) and worded as specified in Part (e)(2)(G) of this Rule shall be placed 
in the operating record m accordance with the deadlines of Subpart (iv) of this Part. The 
letter shall: 
(I) List all the current cost estimates covered by a financial test, as described in Subpart (v) 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1669 



PROPOSED RULES 



of this Part; 
(II) Provide evidence and certify that the unit of local government meets the conditions of 

either Subpart (i)(I) or (i)(II) of this Part; and 
(ni) Certify that the unit of local government meets the conditions of Subpart (i)(III) of this 
Part. 

(iv) In the case of closure and post-closure care, the Chief Financial Officer's letter shall be 
placed in the operating record before the initial receipt of waste or by April 9. 1994. 
whichever is later In the case of corrective action, the CFO's letter shall be placed in the 
operating record no later than 120 days after the corrective action remedy has been selected 
in accordance with the requirements of Rule . 1636. 

(v) When calculating the "current cost estimates for closure, post-closure. correcti\'e action, or 
the sum of the combination of such costs to be covered, and any other en\'ironmental 
obligations assured by a financial test" referred to m Part (F)(i) of this Paragraph, the unit 
of local government shall include cost estimates required for municipal solid waste 
management facilities under 15A NCAC 13B .1600. as well as cost estimates required for all 
other environmental obligations it assures through a financial test, including but not limited 
to those associated with hazardous ^'aste treatment, storage, and disposal facilities under 15A 
NCAC 13A .0009 and .0010, petroleum underground storage tank facilities under 15A 
NCAC 2N .0100 through .0800. Underground Injection Control facilities under 15A NCAC 
2D .0400 and 15A NCAC 2C .0200. and PCB storage facilities under 15A NCAC 20 .0100 
and 15A NCAC 2N .0100. 

(vi) Annual updates of the financial test letter shall be placed in the operating record within 120 
days after the close of each succeeding fiscal year. 

(vii) If the unit of local government no longer meets the requirements of Parts (i). (ii). and (iii) 
of this Paragraph, the unit of local government shall notif\' the Division of intent to establish 
alternate financial assurance within 120 days after the end of the fiscal year for which the 
year-end financial data show that the unit of local government no longer meets the 
requirements. The unit of local government shall provide alternate financial assurance within 
150 days after the end of said fiscal year. 

(viii) The unit of local government is no longer required to comply with the requirements of this 
Part if alternate financial assurance is substituted as specified in this Rule or if the unit of 
local government is no longer required to demonstrate financial responsibility in accordance 
with Paragraph (b)(2). (c)(2) or (d)(2) of this Rule. 
(G) Corporate Guarantee. 

[Reserved] 
(H) Local Government Guarantee. 

[Reserved] 
(I) Capital Reserve Fund. 

(i) MSWLF units owned or operated by units of local government or public authority may satisfy 
the requirements of this Paragraph by establishing a capital reserve fund which conforms to 
the requirements of this Part. The unit of local government or public authority must be an 
entit}>' which has the authority to establish a capital reserve fund under authority of G.S. 159 
and whose financial operations are regulated and examined by a State agency. The capital 
reserve fund must be established consistent with auditing, budgeting and government 
accounting practices as prescribed in G.S. 159 and by the Local Government Commission. 
A copy of the capital reserve fund ordinance or resolution with a certified copy of the meeting 
minutes and a copy of documentation of initial and subsequent year's deposits must be placed 
in the MSWLF's operating record. 

(ii) Payments into the capital reserve fund must be made annually by the unit of local government 
or public authority over the term of the initial permit or over the remaining life of the 
MSWLF unit, in the case of a capital reserve fund for closure or post-closure care, or over 
one-half of the estimated length of the corrective action program in the case of corrective 
action for known releases. TTiis period is referred to as the pay-in period. The pay-in period 
shall not exceed December 31, 1997 for an existing MSWLF unit not designed and 
constructed with a base liner system approved by the Division. 



1670 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



(iii) For a capital reserve fund used to demonstrate financial assurance for closure and post-closure 
care, the first payment into the fund must be at least equal to the current cost estimate for 
closure or post-closure care, divided by the number of years in the pay-in period as defined 
in Subpart (ii) of this Part. The amount of subsequent payments must be determined by the 
following formula: 

Next Payment = CE-CV 

Y 

where CE is the current cost estimate for closure or post-closure care (updated for inflation 
or other changes), CV is the current value of the capital reserve fund, and Y is the number 
of years remaining in the pay-in period, 
(iv) For a capital reserve fund used to demonstrate financial assurance for corrective action, the 
first payment into the capital reserve fund must be at least equal to one-half of the current 
cost estimate for corrective action. The amount of subsequent payments must be determined 
by the following formula: 

Next Payment = CE-CV 

Y 

where CE is the current cost estimate for corrective action (updated for inflation or other 

changes), CV is the current value of the capital reserve fund, and Y is the number of years 

remaining in the pay-in period. 

(v) The initial payment into the capital reserve fund must be made before the initial receipt of 

waste or before the efl'ective date of this Rule (April 9, 1994), whichever is later, in the case 

of closure and post-closure care, or no later than 120 days after the corrective action remedy 

has been selected in accordance with the requirements of Rule .1636 of this Section. 

Subsequent payments shall be made no later than 30 days after each anniversary date of the 

first payment. 

(vi) If the unit of local government or public authority establishes a capital reserve fund after 

having used one or more alternate mechanisms specified in this Paragraph, the initial payment 

into the capital reserve fund must be at least the amount that the fund would contain if the 

capital reserve fund were established initially and annual payments made according to the 

specifications of this Part. 

(vii) The unit of local government or public authority authorized to conduct closure, post-closure 

care or corrective action activities may expend capital reserve funds to cover the remaining 

costs of closure, post-closuns care, corrective action activities or for the debt service 

payments on financing arrangements for closure, post-closure care or corrective action 

activities. Monies in the capital reserve fund can only be used for these purposes unless the 

fund is terminated in accordance with Paragraph (e)(l)(I)(viii) of this Rule. The unit of local 

government or public authority must document justifying expenditures and place a copy in 

the operating record. 

(viii) Tlie capital reserve fund may be terminated by the unit of local government or public 

authority only if it substitutes alternate financial assurance as specified in this Rule or if no 

longer required to demonstrate financial responsibility in accordance with the requirements 

of Paragraph (b)(2), (c)(2) or (d)(2) of this Rule. 

(J) Use of Multiple Financial Mechanisms. An owner or operator may satisfy the requirements of 

this Paragraph by establishing more than one financial mechanism per facility. The mechanisms 

must be as specified in Parts (A), (B), (C), (D), (E), (F), (G), (H) and (I) of this Paragraph, 

except that it is the combination of mechanisms, rather than the single mechanism, which must 

provide financial assurance for an amount at least equal to the current cost estimate for closure, 

post-closure care or corrective action, whichever is applicable. The financial test and a guarantee 

provided by a corporate parent, sibling, or grandparent may not be combined if the financial 

statements of the two firms are consolidated. Mechanisms guaranteeing performance, rather than 

payment, may not be combined with other instruments. 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1671 



PROPOSED RULES 



(K) The wording of the instruments shall be identical to the wording specified in Paragraph (e)(2) of 
this Rule. 
(2) Wording of Instruments. 
(A) Trust Agreement. 

(i) A trust agreement for a trust fund, as specified in Paragraph (e)(1)(A) of this Rule, must be 
worded as follows, except that instructions in brackets are to be replaced with the relevant 
information and the brackets deleted: 

TRUST AGREEMENT 

Trust Agreement, the "Agreement," entered into as of[date] by and between [name of the owner or operator], 
a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and 

[name of corporate trustee], [insert "incorporated in the State of " or "a national bank"], 

the "Trustee." 

Whereas, the Division of Solid Waste Management, the "Division," an agency of the State of North 
Carolina, has established certain regulations applicable to the Grantor, requiring that an owner or operator 
of a solid waste management facility shall provide assurance that funds will be available when needed for 
closure, post-closure care, or corrective action of the facility, 

Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for 
the facilities identified herein, 

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee 
under this agreement, and the Trustee is willing to act as trustee. 

Now, therefore, the Grantor and the Trustee agree as follows: 

Section 1. Definitions. As used in this Agreement: 

(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors 

or assigns of the Grantor. 
(Id) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee. 

Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and 
cost estimates identified on Schedule A [on Schedule A, for each facility list the Solid Waste Section Permit 
Number, name, address, and the current closure, post-closure, or corrective action cost estimates, or portions 
thereof, for which financial assurance is demonstrated by this Agreement]. 

Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the "Fund," 
for the benefit of the Division. The Grantor and the Trustee intend that no third party have access to the Fund 
except as herein provided. The Fund is established initially as consisting of the property, which is acceptable 
to the Trustee, described in Schedule B. 

Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, 
together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant 
to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee 
shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty 
to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by 
the Division. 



Section 4. Payment for Closure, Post-Closure Care, and Corrective Action. The Trustee shall make 
payments from the Fund as the Division of Solid Waste Management (the "Division") shall direct, in writing, 
to provide for the payment of the costs of closure, post-closure care, or corrective action of the facilities 
covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the 
Division from the Fund for closure, post-closure, and corrective action expenditures in such amounts as the 



1672 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



Division shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the 
Division specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined 
herein. 

Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of 
cash or securities acceptable to the Trustee. 

Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the 
Fund and keep the Fund invested as a single fund, without distinction between principal and income, in 
accordance with general investment policies and guidelines which the Grantor may communicate in writing 
to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, 
exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust 
fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the 
circumstances then prevailing which persons of prudence, acting in a like capacity and femiliar with such 
matters, would use in the conduct of an enterprise of a like character and with like aims; except that: 

(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any 

of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a- 
2. (a), shall not be acquired or held, unless they are securities or other obligations of the Federal or 
State government; 

(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent 
insured by an agency of the Federal or State government; and 

(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable 
time and without liability for the payment of interest thereon. 

Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion: 

(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or 
collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all 
of the provisions thereof, to be commingled with the assets of other trusts participating therein; and 

(b) To purchase shares in any investment company registered under the Investment Company Act of 
1940, 15 U.S.C. 80a-l et seq., including one which may be created, managed, underwritten, or to 
which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee 
may vote such shares in its discretion. 

Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred 
upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and 
empowered: 

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or 
private sale. No person dealing with the Trustee shall be bound to see to the application of the 
purchase money or to inquire into the validity or expediency of any such sale or other disposition; 

(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and 
any and all other instruments that may be necessary or appropriate to carry out the powers herein 
granted; 

(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold 
any security in bearer form or in book entry, or to combine certificates representing such securities 
with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or 
arrange for the deposit of such securities in a qualified central depository even though, when so 
deposited, such securities may be merged and held in bulk in the name of the nominee of such 
depository with other securities deposited therein by another person, or to deposit or arrange for the 
deposit of any securities issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times 
show that all such securities are part of the Fund; 

(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1673 



PROPOSED RULES 



by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with 
the Trustee, to the extent insured by an agency of the Federal or State government; and 
(e) To compromise or otherwise adjust all claims in fever of or against the Fund. 

Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect 
of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal 
services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the 
Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund. 

Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date 
of establishment of the Fund, furnish to the Grantor and to the Division a statement confirming the value of 
the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the 
anniversary date of establishment of the Fund. The feilure of the Grantor to object in writing to the Trustee 
within 90 days after the statement has been furnished to the Grantor and the Division shall constitute a 
conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against 
the Trustee with respect to matters disclosed in the statement. 

Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be 
counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting 
upon the advice of counsel. 

Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its 
services as agreed upon in writing from time to time with the Grantor. 

Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such 
resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this 
successor accepts the appointment. The successor trustee shall have the same powers and duties as those 
conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the 
Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting 
the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, 
the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for 
instructions. TTie successor trustee shall specify the date on which it assumes administration of the trust in 
writing sent to the Grantor, the Division, and the present Trustee by certified mail 10 days before such change 
becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this 
Section shall be paid as provided in Section 9. 

Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the 
Trustee shall be in writing, signed by such persons as are designated in the Exhibit A or such other designees 
as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting 
without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and 
instructions by the Division to the Trustee shall be in writing, signed by the Division, or his designee, and 
the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and 
instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that 
no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor 
or Division hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, 
requests, and instructions from the Grantor or Division, except as provided for herein. 

Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the Division by certified mail 
within 10 days following expiration of the 30-day period after the anniversary of the establishment of the 
Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, 
the Trustee shall not be required to send a notice of nonpayment. 

Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing 



1674 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



executed by the Grantor, the Trustee, and the Division, or by the Trustee and the Division if the Grantor 
ceases to exist. 

Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement 
as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written 
agreement of the Grantor, the Trustee, and the Division, or by the Trustee and the Division, if the Grantor 
ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration 
expenses, shall be delivered to the Grantor. 

Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature 
in connection with any act or omission, made in good feith, in the administration of this Trust, or in carrying 
out any directions by the Grantor or the Division issued in accordance with this Agreement. The Trustee shall 
be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any 
personal liability to which the Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in the event the Grantor tails to provide 
such defense. 

Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to 
the laws of the State of North Carolina. 

Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words 
in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect 
the interpretation or the legal efficacy of this Agreement. 

In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly 
authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The 
parties below certify that the wording of this Agreement is identical to the wording specified in Paragraph 
(e)(2)(A)(i) of this Rule as were constituted on the date first above written. 



[Signature of Grantor] 
[Title] 



Attest: 
[Title] 
[Seal] 



[Signature of Trustee] 



Attest: 
[Title] 
[Seal] 



(ii) The following is an example of the certification of acknowledgment which must accompany 
the trust agreement for a trust fund. 

State of 
County of 

On this [date], before me personally came [owner or operator] to me known, who, being by 
me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of 
[corporation], the corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such instrument is such 
corporate seal; that it was so affixed by order of the Board of Directors of said corporation, 
and that she/he signed her/his name thereto by like order. 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1675 



PROPOSED RULES 



[Signature of Notary Public] 

(B) A surety bond guaranteeing payment into a trust fund, as specified in Paragraph (e)(1)(B) of this 
Rule, must be worded as follows, except that instructions in brackets are to be replaced with the 
relevant information and the brackets deleted: 

FINANCIAL GUARANTEE BOND 

Date bond executed: 

Effective date: 

Principal: [legal name and business address of owner or operator] 

Type of organization: [insert "individual", "joint venture", "partnership", or "corporation"] 

State of incorporation: 

Surety (ies): [name(s) and business address(es)] 

Solid Waste Section Permit Number, name, address, and closure, post-closure, or corrective action 

amount(s) for each facility guaranteed by this bond [indicate closure, post-closure, and corrective 

action amounts separately]: 

Total penal sum of bond: $ 

Surety's bond number: 

Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the 
North Carolina Division of Solid Waste Management (hereinafter called the Division), in the above penal sum 
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns 
jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the 
Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action 
or actions against any or all of us, and for all other purposes each Suret}' binds itself, jointly and severally 
with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if 
no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. 

Whereas, said Principal is required, under the Solid Waste Management Rule .0201 as amended, to have 
a permit in order to own or operate each solid waste management facility identified above, and 

Whereas, said Principal is required to provide financial assurance for closure, post-closure care, or 
corrective action, as a condition of the permit, and 

Whereas, said Principal shall establish a standby trust fund as is required when a surety bond is used to 
provide such financial assurance; 

Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the 
beginning of final closure, post-closure, and corrective action of each facility identified above, fund the 
standby trust fund in the amount(s) identified above for the facility. 

Or, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to 
begin closure, post-closure, and corrective action is issued by the Division or a U.S. district court or other 
court of competent jurisdiction. 

Or. if the Principal shall provide alternate financial assurance and obtain the Division's written approval of 
such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the 
Division from the Surety(ies). then this obligation shall be null and void; otherwise it is to remain in full force 
and effect. 

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the 
conditions described above. Upon notification by the Division that the Principal has failed to perform as 
guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facilit>'(ies) into 
the standby trust fund as directed by the Division. 



1676 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, 
unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but 
in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum. 

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and 
to the Division, provided, however, that cancellation shall not occur during the 120 days beginning on the date 
of receipt of the notice of cancellation by both the Principal and the Division, as evidenced by the return 
receipts. 

The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that 
no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of 
the bond by the Division. 

[The following paragraph is an optional rider that may be included but is not required.] 

Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new 
closure, post-closuns, or corrective action amount, provided that the penal sum does not increase by more than 
20 percent in any one year, and no decrease in the penal sum takes place without the written permission of 
the Division. 

In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have 
affixed their seals on the date set forth above. 

The persons whose signatures appear below hereby certify that they are authorized to execute this surety 
bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the 
wording specified in Paragraph (e)(2)(B) of this Rule as were constituted on the date this bond was executed. 



Principal 



[Signature(s)] 
[Name(s)] 
[Title(s)] 
[Corporate seal] 



Corporate Surety(ies) 

[Name and address] 

State of incorporation: 

Liability limit: $ 

[Signature(s)] 

[Name(s) and title(s)] 

[Corporate seal] 

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner 

as for Surety above.] 

Bond premium: $ 

(C) A surety bond guaranteeing performance of closure, post-closure care, or corrective action, as 
specified in Paragraph (e)(1)(B) of this Rule, must be worded as follows, except that instructions 
in brackets are to be replaced with the relevant information and the brackets deleted: 

PERFORMANCE BOND 

Date bond executed: 



8:17 NORTH CAROLINA REGISTER December I, 1993 1677 



PROPOSED RULES 



Effective date: 

Principal: [legal name and business address of owner or operator] 

Type of organization: [insert "individual", "joint venture", "partnership", or "corporation"] 

State of incorporation: 

Surety (ies): [name(s) and business address(es)] 

Solid Waste Section Permit Number, name, address, and closure, post-closure, or corrective action 

amount(s) for each facility guaranteed by this bond [indicate closure, post-closure, and corrective 

action amounts separately]: 

Total penal sum of bond: $ 

Surety's bond number: 

Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the 
North Carolina Division of Solid Waste Management (hereinafter called the Division), in the above penal sum 
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns 
jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the 
Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action 
or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally 
with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if 
no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. 

Whereas, said Principal is required, under the Solid Waste Management Rule .0201 as amended, to have 
a permit in order to own or operate each solid waste management facility identified above, and 

Whereas, said Principal is required to provide financial assurance for closure, post-closure care, or 
corrective action as a condition of the permit, and 

Whereas, said Principal shall establish a standby trust fund as is required when a surety bond is used to 
provide such financial assurance; 

Now, Therefore, the conditions of this obligation are such that if the Principal shall feithfuUy perform 
closure, whenever required to do so, of each facility for which this bond guarantees closure, in accordance 
with the closure plan and other requirements of the permit, as such plan and permit may be amended, pursuant 
to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be 
amended. 

And. if the Principal shall faithfully perform post-closure care of each facility for which this bond guarantees 
post-closure care, in accordance with the post-closure plan and other requirements of the permit, as such plan 
and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations as such laws, 
statutes, rules, and regulations may be amended. 

And, if the Principal shall faithfully perform corrective action of each facility for which this bond guarantees 
corrective action, in accordance with the corrective action program and other requirements of the permit, as 
such program and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations as 
such laws, statutes, rules, and regulations may be amended. 

Or, if the Principal shall provide alternate financial assurance and obtain the Division's written approval of 
such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the 
Division from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force 
and effect. 

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the 
conditions described above. 

Upon notification by the Division that the Principal has been found in violation of the closure requirements 
for a facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform 



1678 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



closure in accordance with the closure plan and other permit requirements or place the closure amount 
guaranteed for the facility into the standby trust fund as directed by the Division. 

Upon notification by the Division that the Principal has been found in violation of the post-closure 
requirements for a facility for which this bond guarantees performance of post-closure care, the Surety(ies) 
shall either perform post-closure care in accordance with the post-closure plan and other permit requirements 
or place the post-closure amount guaranteed for the facility into the standby trust fund as directed by the 
Division. 

Upon notification by the Division that the Principal has been found in violation of the corrective action 
requirements for a facility for which this bond guarantees performance of corrective action, the Surety(ies) 
shall either perform corrective action in accordance with the corrective action program and other permit 
requirements or place the corrective action amount guaranteed for the facility into the standby trust fund as 
directed by the Division. 

Upon notification by the Division that the Principal has failed to provide alternate financial assurance and 
obtain written approval of such assurance from the Division during the 90 days following receipt by both the 
Principal and the Division of a notice of cancellation of the bond, the Surety{ies) shall place funds in the 
amount guaranteed for the facility(ies) into the standby trust fund as directed by the Division. 

TTie Surety(ies) hereby waive(s) notification of amendments to closure and post-closure plans, and corrective 
action programs, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment 
shall in any way alleviate its (their) obligation on this bond. 

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, 
unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but 
in no event shall the obligation of the Surety (ies) hereunder exceed the amount of said penal sum. 

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or 

operator and to the Division, provided, however, that cancellation shall not occur during the 120 days 

beginning on the date of receipt of the notice of cancellation by both the Principal and the Division, as 
evidenced by the return receipts. 

The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that 
no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of 
the bond by the Division. 

[The following paragraph is an optional rider that may be included but is not required.] 

Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new 
closure, post-closure, or corrective action amount, provided that the penal sum does not increase by more than 
20 percent in any one year, and no decrease in the penal sum takes place without the written permission of 
the Division. 

In Witness Whereof, The Principal and Surety(ies) have executed this Performance Bond and have afl[ixed 
their seals on the date set forth above. 

The persons whose signatures appear below hereby certify that they are authorized to execute this surety 
bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the 
wording specified in Paragraph (e)(2)(C) of this Rule as was constituted on the date this bond was executed. 



Principal 



[Signature(s)] 
[Name(s)] 



8:17 NORTH CAROLINA REGISTER December I, 1993 1679 



PROPOSED RULES 



[Title(s)] 
[Corporate seal] 



Corporate Surety(ies) 

[Names and address] 

State of incorporation: 

Liability limit: $ 

[Signature{s)] 

[Names(s) and title(s)] 

[Corporate seal] 

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner 

as for Surety above.] 

Bond premium: $ 

(D) A letter of credit, as specified in Paragraph (e)(1)(C) of this Rule, must be worded as follows, 
except that instructions in brackets are to be replaced with the relevant information and the 
brackets deleted: 

IRREVOCABLE STANDBY LETTER OF CREDIT 



North Carolina Department of Environment, Health, and Natural Resources 

Solid Waste Management Division 

Solid Waste Section 

P.O. Box 27687 

Raleigh, North Carolina 27611-7687 

Dear Sir or Madam: 

We hereby establish our Irrevocable Standby Letter of Credit No. in your favor, at the request 

and for the account of [owner's or operator's name and address] up to the aggregate amount of [in 
words] U.S. dollars $ , available upon presentation of 

(1) your sight draft, bearing reference to this letter of credit No. , and 

(2) your signed statement reading as follows: "I certify that the amount of the draft is payable 
pursuant to requirements of 15A NCAC 13B .1628 as amended." 

This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such 
expiration date shall be automatically extended for a period of [at least 1 year] on [date] and on each 
successive expiration date, unless, at least 120 days before the current expiration date, we notify both 
you and [owner's or operator's name] by certified mail that we have decided not to extend this letter 
of credit beyond the current expiration date. In the event you are so notified, any unused portion of 
the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt 
by both you and [owner's or operator's name], as shown on the signed return receipts. 

Whenever this letter of credit is drawn on, under and in compliance with the terms of this credit, we 
shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner's or operator's name] in accordance with your 
instructions. 

We certify that the wording of this letter of credit is identical to the wording specified in Paragraph 



1680 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



(e)(2)(D) of this Rule as were constituted on the date shown immediately below. 

[Signature(s) and title(s) of official(s) of issuing institution], [Date] 

This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for 
Documentary Credits, published by the International Chamber of Commerce," or "the Uniform 
Commercial Code"]. 

(E) A certificate of insurance, as specified in Paragraph (e)(1)(D) of this Rule, must be worded as 
follows, except that instructions in brackets are to be replaced with the relevant information and 
the brackets deleted: 

CERTIFICATE OF INSURANCE FOR CLOSURE OR POST-CLOSURE CARE 

Name and Address of Insurer 
(herein called the "Insurer"): 

Name and Address of Insured 
(herein called the "Insured"): 

Facilities Covered: [List for each facility: The Solid Waste Section Permit Number, name, address, 
and the amount of insurance for closure or the amount for post-closure care (these amounts for all 
facilities covered must total the face amount shown below).] 

Face Amount: 
Policy Number: 
Effective Date: 

The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified 
above to provide financial assurance for [insert "closure" or "closure and post-closure care" or "post- 
closure care"] for the facilities identified above. 

The Insurer further warrants that such policy conforms in all respects with the requirements 
of Paragraph (e)(1) of this Rule, as applicable and as such regulations were constituted on the date 
shown immediately below. It is agreed that any provision of the policy inconsistent with such 
regulations is hereby amended to eliminate such inconsistency. 

Whenever requested by the North Carolina Division of Solid Waste Management (Division), 
the Insurer agrees to furnish to the Division a duplicate original of the policy listed above, including 
all endorsements thereon. 

I hereby certify that the wording of this certificate is identical to the wording specified in 
Paragraph (e)(2)(E) of this Rule as were constituted on the date shown immediately below. 

[Authorized signature for Insurer] 
[Name of person signing] 
[Title of person signing] 
Signature of witness or notary: 

[Date] 

(F) A capital reserve fund, as specified in Paragraph (e)(l)(I) of this Rule, must be worded as 
follows, except that instructions in brackets are to be replaced with the relevant information and 
the brackets deleted: 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1681 



PROPOSED RULES 



CAPITAL RESERVE FUND RESOLUTION 

ESTABLISHMENT AND MAINTENANCE 

OF THE 

MUNICIPAL SOLID WASTE LANDFILL 

CAPITAL RESERVE FUND 

WHEREAS, there is a need in [location of landfill site, (e.g. City of Raleigh, County of Wake)] to provide 
funds for [closure, post-closure, or corrective action] for the [permit number], [name] landfill; and 

WHEREAS, the [location] must bear the cost of [closure, post-closure, or corrective action] for the landfill 
at an estimated cost of [cost estimate]. 

NOW, THEREFORE. BE IT RESOLVED BY THE GOVERNING BOARD THAT: 

Section 1 . The Governing Board hereby creates a Capital Reserve Fund for the purpose of [closure, 
post-closure, or corrective action] for the [permit number] landfill. 

Section 2. This Fund will remain operational for a period not to exceed the life of the landfill and 
the post-closure care plan beginning [date] and ending [date] or until a cumulative sum not to exceed 
[cost estimate in words] ([cost estimate in numbers]) has been received. 

Section 3. The Board will appropriate or transfer an amount of no less than [annual payment] each 
year to this Fund. 

Section 4. This Resolution shall become effective and binding upon its adoption. 
[Signature of County Commissioner] 
[Signature of Chief Financial Officer] 



[Date] 

(G) A local government financial test, as specified in Part (e)( 1)(F) of this Rule, must be worded as 
follows, except that instructions m brackets are to be replaced with the relevant information and 
the brackets deleted: 

LETTER FROM CHIEF FINANCIAL OFFICER 

[Address to the Department of Environment, Health, and Natural Resources. Solid Waste Section, Post 
Office Box 27687, Raleigh, North Carolina 27611-7687.] 

I am the chief financial officer of [name and address of unit of local government]. This letter is in support 
of this unit of local government's use of _the financial test to demonstrate financial assurance, as specified jn 
15A NCAC 13B .1628 (e)(1)(F). 

[Fill out the following paragraph regarding the municipal solid waste facilities and associated cost estimates. 
For each facility, include Us permit number, name, address and current closure, post-closure, or corrective 
action cost estimates. Identify each cost estimate as to whether it is for closure, post-closure care, or 
corrective action.] 

This unit of local government ]s the owner or operator of the following facilities for which financial assurance 



1682 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



for closure, post-closure, or corrective action is demonstrated through the financial test specified m 15A 
NCAC 13B .1628 (e)n')(F). The current closure, post-closure, or corrective action cost estimates covered 
by the test are shown for each facility. 

The fiscal year of this unit of local government ends on [month, day, year]. TTie figures for the following 
items marked with an asterisk are derived from this unit of local government's Annual Financial Information 
Report (AFIR) for the lates t completed fiscal year, ended [date] . 

[Fill in the Ratio Indicators of Financial Strength section if the criteria of 15A NCAC 13B .1628 
(e)(n(F)(i)(I) are used. Fill in Bond Rating Indicator of Financial Strength section jf the criteria of 15A 
NCAC I3B .1628 (e')(n(F)ri)ai) are used.T 

RATIO INDICATORS OF FINANCIAL STRENGTH 

1_^ Sum of current closure, post-closurs and corrective action cost 

estimates [total of all cost estimates shown in the paragraphs abovel $ 



*2. Sum of cash and investments (AFIR Part 7) 

*3. Total expenditures (AFIR Part 4 Columns a & b and Part 5 for 

municipalities or Part 5 excluding educational capital outlays 
for counties) 

*4. Annual debt service (AFIR Part 4 Section I) 

5^ Assured environmental costs to demonstrate financial responsibility 

in the following amounts under Division rules: 

MSWLF under 15A NCAC 13B .1600 

Hazardous waste treatment, storage and disposal 
facilities under 15A NCAC 13A .0009 and .0010 

Petroleum underground storage tanks under 
15A NCAC 2N .0100 - .0800 

Underground Injection Control System facilities under 
i5A NCAC 2D .0400 and \5\ NCAC 2C .0200 

PCB commercial storage facilities under 

15A NCAC 20 .0100 and 15A NCAC 2N .0100 

Total assured environmental costs 



*6. Total Annual Revenue (AFIR Part 2) $ 

Circle either "yes" or "no" to the following questions. 

7^ Is line 5 divided by line 6 less than or equal to 0.43? yes/no 

8^ Is line 2 divided by line 3 greater than or equal to 0.05? yes/no 

9^ Is line 4 divided by line 3 less than or equal to 0.20? yes/no 
BOND RATING INDICATOR OF FINANCIAL STRENCTTH 

8:17 NORTH CAROLINA REGISTER December 1, 1993 1683 



PROPOSED RULES 



L. Sum of current closure, post-closure and corrective action 

cost estimates [total of all cost estimates shown in the 
paragraphs above] 

2i Current bond rating of most recent issuance and name of rating service 

3. Date of issuance bond 



i 



4i Date of maturity of bond _ 

5^ Assured environmental costs to demonstrate financial 

responsibility in the following amounts under Division rules: 

MSWLF under 15A NCAC 13B .1600 ^ 

Hazardous waste treatment, storage and disposal facilities 

under 15A NCAC 13A .0009 and .0010 i. 

Petroleum underground storage tanks under 

15A NCAC 2N .0100 - .0800 ^ 

Underground Injection Control System facilities under 

15 A NCAC 2D .0400 and 15A NCAC 2C .0200 ^ 

PCB commercial storage facilities under 

15A NCAC 20 .0100 and 15A NCAC 2N .0100 ^ 

Total assured environmental costs ^ 



*6. Total Annual Revenue (AFIR Part 2) $ 

Circle either "yes" or "no" to the following question. 

X Is line 5 divided by line 6 less than or equal to 0.43? yes/ no 

I hereby certify that the wording of this letter is identical to the wording specified ]n 15A NCAC 13B Rule 
.1628 (e)(2)(G) as such rules were constituted on the date shown immediately below. I further certify the 
following: (1) that the unit of local government has not operated at a total operating fund deficit equal to five 
percent or more of total annual revenue in either of the past two fiscal years, (2) that the unit of local 
government is riot in default on any outstanding general obligations bonds or long-term obligations, and (3) 
does not have any outstanding general obligation bonds rated lower than Baa as issued by Moody's. BBB as 
issued by Standard & Poor's, BBB as issued by Fitch's, or 75 as issued by the Municipal Council. 

[Signature] 

[Namel 

[Titlel 

[Datel 

Statutory Authority G. S. 130A-294. 



i 



c 



1684 8:17 NORTH CAROLINA REGISTER December 1, 1993 



PROPOSED RULES 



TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 

ISotice is hereby given in accordance with G.S. 
150B-21.2 that the Board of Medical Examiners of 
the State of North Carolina intends to amend rules 
cited as 21 NCAC 32B .0209, .0212, .0305, 
.0402, and .0706. 

1 he proposed effective date of this action is 
March 1, 1994. 

1 he public hearing will be conducted at 9:00 
a.m. on December 16, 1993 at the NC Medical 
Board, 1203 Front Street, Raleigh, NC 27609. 

Ixeason for Proposed Action: 

21 NCAC 32B .0209 - To increase the fee for 

examination for medical license. 

21 NCAC 32B .0212 - To allow more flexibility in 

examination arrangements. 

21 NCAC 32B .0305 - To define more clearly 

what other written exams are considered equivalent 

to the NC written examination. 

21 NCAC 32B .0402 - To increase the fee for 

temporary license. 

21 NCAC 32B .0706 - To increase fee for visiting 

professor registration. 

(comment Procedures: Persons interested may 
present written or oral statement relevant to the 
actions proposed at a hearing to be held as indi- 
cated above. Written statements not presented at 
the hearing should be directed before January 3, 
1994 to the following address: Administrative 
Procedures, NC Medical Board, P. O. Box 26808, 
Raleigh, NC 2761 1 -6808. 

CHAPTER 32 - BOARD OF 
MEDICAL EXAMINERS 

SUBCHAPTER 32B - LICENSE 
TO PRACTICE MEDICINE 

SECTION .0200 - LICENSE BY 
WRITTEN EXAMINATION 

.0209 EXAMINATION FEE 

(a) FLEX fee 
(1) The fee for both components of the 
FLEX written examination taken to- 



gether is two hundred and fifty dollars 
($250.00), plus the cost of test materi- 
als, due at the time of application. 
(2) If the two FLEX components are taken 
separately, the fee for each component 
is due at the time of application for that 
component as follows: 

(A) for the first component, two hundred 
and fifty dollars ($250.00) plus the 
cost of test materials; 

(B) for the second component, one hun- 
dred and fifty dollars ($150.00) plus 
the cost of test materials. 

(b) USMLE fee - The fee for USMLE is -twe 
hundred and fifty dollars ($250.00) four hundred 
dollars ($400.00) . plus the cost of test materials, 
due at the time of the application. 

(c) Fees are non-refundable. 

Statutory Authority G.S. 90-15. 

.0212 EXAMINATION TIMES 

The Board holds Two licensing examinations 
each year, one in June and one in December^r-tn 
Raleigh. North Carolina . 

Statutory Authority G. S. 90-5. 

SECTION .0300 - LICENSE 
BY ENDORSEMENT 

.0305 EXAMINATION BASIS 
FOR ENDORSEMENT 

(a) To be eligible for license by endorsement of 
credentials, graduates of medical schools approved 
by the LCME or AOA must supply certification of 
passing scores on one of the following examina- 
tions: 

(1) National Board of Medical Examiners; 

(2) FLEX - under Rule .0314 of this Sec- 
tion; 

(3) Written examination administered by an 
allopathic or composite state medical 
board which issued the original license 
on the basis of written examination 
other than FLEX from the state board 
which — issued the original — licen s e by 
written examination ; 

(4) National Board of Osteopathic Examin- 
ers, all parts taken after January 1 , 
1990; or 

(5) USMLE - Step 1, Step 2, Step 3 of 
USMLE or a combination of examina- 
tions as set out in Rule .0215 of this 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1685 



PROPOSED RULES 



Subchapter. 

(b) Graduates of medical schools not approved 
by LCME or AOA must supply certification of 
passing scores on one of the following written 
examinations: 

(1) FLEX - under Rule .0314 of this Sec- 
tion; 

(2) Written examination other than FLEX 
from the state board which issued the 
applicant's original license by written 
examination together with American 
Specialty Board certification; or 

(3) USMLE - Step 1, Step 2. Step 3 of the 
USMLE or a combination of examina- 
tions as set out in Rule .0215 of this 
Subchapter. 

(c) A physician who has a valid and unrestricted 
license to practice medicine in another state, based 
on a written examination testing general medical 
knowledge, and who within the past five years has 
become, and is at the time of application, certified 
or recertified by an American Specialty Board, is 
eligible for license by endorsement. 

(d) Applicants for license by endorsement of 
credentials with FLEX scores that do not meet the 
requirements of Rule .0314 of this Section must 
meet the requirements of Paragraph (c) in this 
Rule. 

Statutory Autlwrity- G.S. 90-10: 90-13. 

SECTION .0400 - TEMPORARY 

LICENSE BY ENTX)RSEMENT 

OF CREDENTIALS 

.0402 TEMPORARY LICENSE FEE 

A fee of fifty dollars ($50.00) one hundred and 
fifty dollars ($150.00) is due at the time of appli- 
cation. This fee is not applicable to full licensure 
and is not refundable. 

Statutory Authority G. S. 90-15. 

SECTION .0700 - CERTIFICATE OF 

REGISTRATION FOR MSITEsG 

PROFESSORS 

.0706 FEE FOR MSITESG PROFESSORS 
CERTIFICATE OF REGISTRATION 

A fee of fifty dollars ($50.00) one hundred and 
fift>' dollars ($150. (X)) is due at the time of appli- 
cation. No portion of the fee is refundable. 

Statutory Authority G. S. 90-15. 



1686 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



LIST OF RULES CODIFIED 



The List of Rules Codified 


is a listing of rules that were filed with OAH in the month indicated. 


J\.ey: 






Citation 


= 


Title, Chapter, Subchapter and Rule(s) 


AD 


= 


Adopt 


AM 


= 


Amend 


RP 


= 


Repeal 


With Chgs 


= 


Final text differs from proposed text 


Corr 


= 


Typographical errors or changes that requires no rulemaking 


Eff. Date 


= 


Date rule becomes effective 


Temp. Expires 


^^ 


Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 
OCTOBER 93 



[TLE 


DEPARTMENT 


2 


Agriculture 


4 


Commerce 


10 


Human Resources 


11 


Insurance 


12 


Justice 


13 


Labor 



TITLE 


DEPARTMENT 


15A 


Environment, Health, and 




Natural Resources 


21 


Occupational Licensing Boards 




19 - Electrolysis 




20 - Registration for Foresters 




48 - Physical Therapy 




50 - Plumbing and Heating Contractors 


23 


Community Colleges 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


EfF. 
Date 


Temp. 
Expires 


2 NCAC 20B .0106 




/ 








11/01/93 




4 NCAC 2R .1502 




/ 








11/01/93 




31 .0101 


/ 






/ 




11/01/93 




.0201 - .0204 


/ 










11/01/93 




.0301 - .0304 


/ 










11/01/93 




.0305 


/ 






/ 




11/01/93 




.0306 


/ 










11/01/93 




.0401 - .0406 


/ 










11/01/93 




.0501 - .0503 


/ 










11/01/93 




.0601 - .0602 


/ 






/ 




11/01/93 




.0603 


/ 










11/01/93 




.0604 - .0605 


/ 






/ 




11/01/93 







8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1687 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


4 NCAC 31 .0701 


/ 










11/01/93 




.0702 


/ 






/ 




11/01/93 




.0703 - .0704 


/ 










11/01/93 




.0705 


/ 






/ 




11/01/93 




.0706 


/ 










11/01/93 




10 NCAC 3C .2021 




/ 








12/01/93 




.2031 


/ 






/ 




12/01/93 




.2032 


/ 










12/01/93 




3H .0108 




/ 




/ 




12/01/93 




.0315 




/ 








12/01/93 




.0317 




/ 




/ 




12/01/93 




.1151 




/ 








12/01/93 




.1161 


/ 






/ 




12/01/93 




.1162 


/ 










12/01/93 




3R .6001 - .6004 


/ 










10/25/93 


1 80 DAYS 


14J .0201 




/ 








11/01/93 




.0203 




/ 




/ 




11/01/93 




.0204 - .0205 




/ 








11/01/93 




.0206 




/ 




/ 




11/01/93 




.0207 




/ 








11/01/93 




.0210 


/ 










11/01/93 




14L .0407 




/ 








11/01/93 




19C .0209 




/ 








12/01/93 




22G .0504 




/ 








11/01/93 




.0505 - .0506 




/ 




/ 




11/01/93 




.0508 






/ 






11/01/93 




.0509 - .0510 




/ 




/ 




11/01/93 




.0511 






/ 






11/01/93 




.0512 - .0514 


/ 






/ 




11/01/93 




.0515 


/ 










11/01/93 




22S .0101 


/ 










11/01/93 




.0102 


/ 






/ 




11/01/93 




.0201 


/ 










11/01/93 







i 



i 



i 



1688 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 22S .0202 


/ 






/ 




11/01/93 




.0301 


/ 






/ 




11/01/93 




.0302 - .0303 


/ 










11/01/93 




.0401 - .0402 


/ 










11/01/93 




.0403 


/ 






/ 




11/01/93 




.0404 


/ 










11/01/93 




.0501 


/ 






/ 




11/01/93 




.0502 - .0503 


/ 










11/01/93 




.0601 - .0602 


/ 










11/01/93 




.0603 


/ 






/ 




11/01/93 




.0701 - .0703 


/ 










11/01/93 




.0704 - .0706 


/ 






/ 




11/01/93 




.0801 - .0803 


/ 






/ 




11/01/93 




23E .0302 




/ 








11/01/93 




.0304 - .0309 




/ 








11/01/93 




26H .0301 




/ 








11/01/93 




.0302 - .0304 




/ 




/ 




11/01/93 




.0305 


/ 






/ 




11/01/93 




.0306 - .0307 


/ 










11/01/93 




.0308 


/ 






/ 




11/01/93 




.0309 


/ 










11/01/93 




42B .2401 


/ 










12/01/93 




42C .2004 




/ 








12/01/93 




.2302 




/ 








12/01/93 




.2402 




/ 








12/01/93 




.2501 




/ 








12/01/93 




.3601 




/ 








12/01/93 




42D .1826 


/ 










12/01/93 




49E .0002 




/ 




/ 




12/01/93 




11 NCAC 15 .0011 


/ 






/ 




11/01/93 




12 NCAC 9A .0103 




/ 




/ 




11/01/93 




.0107 




/ 




/ 




11/01/93 




.0201 




/ 








11/01/93 







8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1689 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


12 NCAC 9 A .0204 - .0205 




/ 




/ 




11/01/93 




9B .0101 




/ 




/ 




11/01/93 




.0104 




/ 








11/01/93 




.0202 




/ 








11/01/93 




.0211 




/ 




/ 




11/01/93 




.0217 






/ 






11/01/93 




.0220 - .0222 




/ 








11/01/93 




.0309 - .0310 




/ 








11/01/93 




.0403 




/ 








11/01/93 




.0404 




/ 




/ 




11/01/93 




9C .0303 




/ 








11/01/93 




.0308 




/ 








11/01/93 




.0601 




/ 




/ 




11/01/93 




.0603 - .0604 




/ 








11/01/93 




1 1 .0209 


/ 






/ 




11/01/93 




13 NCAC 7F .0201 




/ 








11/01/93 




.0501 - .0502 




/ 








11/15/93 




15A NCAC 2H .0610 










/ 






2L .0103 




/ 




/ 




11/04/93 




.0106 










/ 






lOF .0102 - .0103 




/ 








11/01/93 




.0301 




/ 




/ 




11/01/93 




13B .1628 




/ 








11/09/93 


1 80 DAYS 


21D .1202 










/ 






21 NCAC 19 .0602 - .0603 


/ 










11/01/93 




.0605 - .0612 


/ 






/ 




11/01/93 




.0614- .0617 


/ 






/ 




11/01/93 




.0618 


/ 










11/01/93 




.0619 - .0621 


/ 






/ 




11/01/93 




20 .0014 




/ 








11/01/93 




.0020 


/ 










11/01/93 




.0021 - .0022 


/ 






/ 




11/01/93 




48D .0009 




/ 








11/01/93 







1690 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp, 
Expires 


21 NCAC 48E .0101 




/ 








11/01/93 




50 .0106 




/ 








11/01/93 




.0306 




/ 




/ 




11/01/93 




.0310- .0311 


/ 






/ 




11/01/93 




.0402 - .0403 




/ 




/ 




11/01/93 




.0407 




/ 








11/01/93 




.0412 


/ 






/ 




11/01/93 




.0506 




/ 




/ 




11/01/93 




.0510 


/ 






/ 




11/01/93 




.1006 


/ 






/ 




11/01/93 




.1101 




/ 




/ 




11/01/93 




23 NCAC 2D .0202 - .0203 




/ 








11/01/93 


180 DAYS 


.0325 - .0326 




/ 








11/01/93 


180 DAYS 


2E .0402 




/ 








11/01/93 


180 DAYS 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1691 



RRC OBJECTIONS 



1 he Rules Rex'iew Commission (RRC) objected to the following rules in accordance with G.S. 
143B'30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



AGRICLXTLTRE 

North Carolina State Fair 

2 NCAC 20B .0106- General 
Agency Revised Rule 

COMMERCE 

Banking Commission 

4 NCAC 31 .0305 - Issuance of Certificate of Registration 
Agency Revised Rule 

ENVIRONMENT. HEALTH, AND NATURAL RESOLTICES 

Coastal Management 

ISA NCAC 7H . 2002 - Approval Procedures 

Agency Responded 
15A NCAC 7H .2004 - General Conditions 

Agency Responded 

Environmental Management 

ISA NCAC 2L .0103 - Policy 
Agency Re\ised Rule 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

HUMAN RESOLTICES 

Aging 

10 NCAC 22G .OSOS - Staffing 

Agency Rex'ised Rule 
10 NCAC 22G .0506 - Congregate Site Requirements 

Agency Re\ised Rule 
10 NCAC 22G .0509 - Home-Delivered Meals Standards 

Agency Rex-ised Rule 
10 NCAC 22G .0510 - Congregate Food Requirements 

Agency Re\ised Rule 
10 NCAC 22G .0514 - Administration Requirements 

Agency Revised Rule 
10 NCAC 22S .0102 - Withdrawal of Area on Aging Designation 

Agency Re\ised Rule 

Children's Services 



RRC Objection 
Obj. Removed 



09/17/93 
10/21/93 



RRC Objection 
Obj. Removed 



10/21/93 
10/21/93 



RRC Objection 09/17/93 

Obj. Cont'd 10/21/93 

RRC Objection 09/17/93 

Obj. Contd 10/21/93 



RRC Objection 09/17/93 

RRC Objection 09/17/93 

Obj. Cont'd ] 0/21/93 

Eff. 11/04/93 



RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 



1692 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



RRC OBJECTIONS 



10 NCAC 41 R .0002 - Administration and Organimtion 
Agency Responded 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

Facility Services 

10 NCAC 3H .0108 - Definitions 
Agency Revised Rule 

JUSTICE 

Criminal Justice Education and Training Standards 

12 NCAC 9A .0107 - Rule-Making and Administrative Hearing Procedures 

Agency Revised Rule 
12 NCAC 9B .0101 - Minimum Standards for Criminal Justice Officers 

Agency Revised Rule 

LICENSING BOARDS AND COMIVHSSIONS 

Electrolysis Examiners 

21 NCAC 19 .0604 - Program Directors 

21 NCAC 19 .0611 - Identification of Students 

Agency Revised Rule 
21 NCAC 19 .0613 - Student/Teacher Ratio and Equipment 

Foresters 

21 NCAC 20 .0020 - Certification of Consulting Foresters 

Agency Revised Rule 
21 NCAC 20 .0021 - Rejection of Consultant Affidavit 

Agency Revised Rule 
21 NCAC 20 .0022 - Handling of Complaints 

Agency Revised Rule 

Plumbing, Heating and Fire Sprinkler Contractors 

21 NCAC 50 . 0506 - Minor Repairs and Alterations 
Agency Revised Rule 

REVENUE 

Corporate Income and Franchise Tax 

1 7 NCAC 5C . 0904 - The Term Employee 
Agency Repealed Rule 

TRANSPORTATION 

Departmental Rules 

19A NCAC IB .0202 - Contents of Petition 
Agency Revised Rule 



RRC Objection 07/15/93 

Obj. Cont'd 08/20/93 

Obj. Contd 09/17/93 

Eff. 10/01/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 



RRC Objection 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/17/93 
10/21/93 
09/17/93 
10/21/93 
09/17/93 
10/21/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



RRC Objection 10/21/93 
Obj Removed 10/21/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1693 



RRC OBJECTIONS 



19A NCAC IB .0302 - Record of Hearing 
Agency Revised Rule 

Division of Highways 

19A NCAC 2D .0403 - Use of Dust Allaying Materials 

Agency Re\ised Rule 
19A NCAC 2D .0404 - Maintenance Within Municipalities 

Agency Rexised Rule 
19A NCAC 2D .0405 - Examples of Construction and Maintenance Activities 

Agency Rexised Rule 
19A NCAC 2D .0601 - Permits-Authority, Application and Enforcement 

Agency Re\ised Rule 
19A NCAC 2D .0633 - Denial: Rewcation: Refusal/Renew: Appeal: Invalidation 

Agency Re\ised Rule 
19A NCAC 2D .0801 - Pre-Qualifing to Bid: Requalification 

No Response from Agency 
19A NCAC 2D .0802 - Imitation to Bid 

No Response from Agency 
19A NCAC 2D .0803 - Advertisement and Invitations for Bids 

No Response from Agency 
19A NCAC 2D .0821 - Return of Bid Bond or Bid Deposit 

No Response from Agency 
19A NCAC 2E . 0404 - Highway Obstructions I ntetfering /Traffic /Maintenance 

Agency Rexised Rule 



RRC Objection 
Obj. Removed 



10/21/93 
10/21/93 



RRC Objection 


10/21/93 


ObJ. Removed 


10/21/93 


RRC Objection 


10/21/93 


ObJ. Removed 


10/21/93 


RRC Objection 


10/21/93 


ObJ. Removed 


10/21/93 


RRC Objection 


10/21/93 


ObJ. Removed 


10/21/93 


RRC Objection 


10/21/93 


ObJ. Removed 


10/21/93 


RRC Objection 


09/17/93 


ObJ. Contd 


10/21/93 


RRC Objection 


09/17/93 


ObJ. Contd 


10/21/93 


RRC Objection 


09/17/93 


ObJ. Contd 


10/21/93 


RRC Objection 


09/17/93 


ObJ. Contd 


10/21/93 


RRC Objection 


10/21/93 


ObJ. Removed 


10/21/93 



1694 



8:17 



NORTH CAROLINA REGISTER 



December i, 1993 



RULES INVALIDATED BY JUDICIAL DECISION 



J his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



1 NCAC 5A .0010 - ADMINISTRATIVE PROCEDURES 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared two portions 
of Rule 1 NCAC 5A .0010 void as applied in Stauffer Information Systems, Petitioner v. The North Carolina 
Department of Community Colleges and The North Carolina Department of Administration, Respondent and 
The University of Southern California, Intervenor-Respondent (92 DOA 0666). 

10 NCAC 3H .0315(b) - NURSING HOME PATIENT OR RESIDENT RIGHTS 

Dolores O. Nesnow, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 3H .0315(b) void as applied in Barbara Jones, Petitioner v. North Carolina Department of Human 
Resources, Division of Facility Services, Licensure Section, Respondent (92 DHR 1192). 

10 NCAC 3R .1124(f) - ACCESSIBILITY TO SERVICES 

Beecher R. Gray, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 3R .1124(f) void as applied in Britthaven, Inc. d/b/a Britthaven of Morganton, Petitioner v. N.C. 
Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent and 
Valdese Nursing Home, Inc., Respondent-Intervenor (92 DHR 1785). 

15A NCAC 30 .0201(a)(1)(A) - STDS FOR SHELLFISH BOTTOM & WATER COLUMN LEASES 

Julian Mann IH, Chief Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 30 .0201(a)(1)(A) void as applied in William R. Willis, Petitioner v. North Carolina Division of 
Marine Fisheries, Respondent (92 EHR 0820). 

15A NCAC 19A .0202(d)(10) - CONTROL MEASURES - HIV 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 15A 
NCAC 19A .0202(d)(10) void as applied in ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle), 
Steven Harris, and John Doe, Petitioners v. Commission for Health Services of the State of North Carolina, 
Ron Levine, as Assistant Secretary of Health and State Health Director for the Department of Environment, 
Health, and Natural Resources of the State of North Carolina, William Cobey, as Secretary of the Department 
of Environment, Health, and Natural Resources of the State of North Carolina, Dr. Rebecca Meriwether, as 
Chief, Communicable Disease Control Section of the North Carolina Department of Environment, Health, and 
Natural Resources, Wryne Bohbitt Jr. , as Chief of the HIV/STD Control Branch of the North Carolina 
Department of Environment, Health, and Natural Resources, Respondents (91 EHR 0818). 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1695 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



c 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



LMS Express, Inc. v. Administration. Div of Purchase & Contract 

Stautfer Information Systems v. Community Colleges & Administration 

McLaurin Parking Co. v. Administration 

WatTcn H. Atrington Jr. v. Division of Purchase & Contract 

Tra\'el, Incorporated v. Administration 



92 DOA 0735 


Morgan 


06/04/93 




92 DOA 0803 


West 


06/10/93 


8:7 NCR 613 


92 DOA 1662 


Morrison 


04/02/93 


8:3 NCR 320 


93 DOA 0132 


West 


07/21/93 




93 DOA 0362 


Nesnow 


11/08/93 





ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Alcoholic Beverage Control Comm. v. Ann Oldham McDouell 
Curtis Ray Lynch v. Alcoholic Beverage Control Comm. 
Alcoholic Be%'erage Control Comm. v. Ezra Everett Rigsbee 
Alcoholic Beverage Control Comm. v. Partnership. Phillip Owen Edwaid 
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent 
Alcoholic Beverage Control Comm. v. Azzat Aly Amer 



v. Kirb^' Ronald Eldrit^e 
Gloria Black McDuffie 

V. Larry Isacc Hailstock 
Anthony Ralph Cecchini Jr. 



Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Johnnie L. Baker v. Alcoholic Beverage Control Commission 
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace 
Alcoholic Beverage Control Comm. v. Mermaid, Inc. 
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan 
Cornelius Hines T/A Ebor^ Lour^e v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v. Homer I^trick Godwin Jr 
Alcoholic Beverage Control Comm. v. Wanda Lou Ball 
Charles Anlhonious Morant v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Billy Fmcher McSwain Jr. 
Jean Hoggard Askew v. Alcoholic Beverage Control Commission 
ABC Comm. v. Partneiship/T/A Corrolhers Comty Ctr &. Private Club 
Alcoholic Beverage Control Comm. v. James El\wod Alphin 
Alcoholic Beverage Control Comm. v. James William Campbell 
Alcoholic Beverage Control Comm. v. Sydner Jan Mulder 
Barbara Locklear v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawk's Landing 
Alcoholic Beverage Control Cora. v. Thomas Andrew Reid 
Zachary Andre Jones v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Mack Ray Chapman 
Alcoholic Beverage Control Cormn. v. Bistro Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Richard Donald James Jr. 
Alcoholic Beverage Control Coram, v. George Oliver O'Neal HI 
Alcoholic Beverage Control Comm. v. The Sideline of Wilmington, Inc. 
William Vernon Franklin &. Gene Carroll Daniels v. ABC Commission 
Alcoholic Beverage Control Comm. v. Joseph Adu 
Alcoholic Beverage Control Comm. v. Citizens Fuel Compai^ 
Alcoholic Beverage Control Comm. v. Citizens Pniel Company 
Alcoholic Beverage Control Comm. v. Mohammad Salim Pinni 
Linda R. Cunningham v. Alcoholic Beverage Control Commission 
Charles Edward Harc, Club Paradise v. Alcoholic Beverage Ctl. Comm. 
Alcohlic Beverage Control Comm. v. Partnership l/a RI's Store 
Alcoholic Bev, Control Comm. v. Mild &. Wild, Inc., Sheila Scholz 

COMMERCE 

Lester Moore v. WealheriiSlion Assistance Program 



92 ABC 0260 


Morgan 


04/01/93 




92 ABC 0288 


Gray 


05/18/93 




92 ABC 0702 


West 


07/30/93 




92 ABC 0978 


Gray 


05/28/93 




92 ABC 1086 


Becton 


03/22/93 




92 ABC 1149 


ReiUy 


09/01/93 




92 ABC 1153 


Chess 


04/26/93 




92 ABC 1476 


West 


05/26/93 




92 ABC 1483 


ReiUy 


04/07/93 




92 ABC 1690 


Morgan 


06/29/93 




92 ABC 1735 


Chess 


05/07/93 




93 ABC 0002 


Morrison 


07/02/93 




93 ABC 0047 


Gray 


05/28/93 




93 ABC 0076 


Gray 


08/04/93 




93 ABC 0087 


Becton 


07/06/93 


8:9 NCR 785 


93 ABC 0118 


Morrison 


08/04/93 




93 ABC 0125 


Reilly 


05/13/93 




93 ABC 0182 


Nesnow 


07/29/93 




93 ABC 0232 


Chess 


07/20/93 




93 ABC 0239 


Gray 


08/26/93 




93 ABC 0255 


West 


09/10/93 




93 ABC 0318 


Reilly 


07/22/93 




93 ABC 0326 


Gray 


08/26/93 




93 ABC 0327 


Gray 


08/09/93 




93 ABC 0354 


Morgan 


11/10/93 


8:17 NCR 1710 


93 ABC 0395 


West 


09/14/93 




93 ABC 0407 


Becton 


10/18/93 




93 ABC 0408 


Gray 


11/01/93 




93 ABC 0421 


West 


09/13/93 




93 ABC 0423 


Gr^ 


09/17/93 




93 ABC 0430 


Reilly 


10/07/93 




93 ABC 0431 


Nesnow 


09/01/93 




93 ABC 0433 


Morgan 


11/01/93 


8:16 NCR 1553 


93 ABC 0462 


Becton 


10/27/93 




93 ABC 0570 


Reilly 


09/17/93 




93 ABC 0601 


Nesnow 


10/28/93 


8:16 NCR 1560 


93 ABC 0611 


West 


10/12/93 




93 ABC 0613 


West 


10/11/93 




93 ABC 0616 


West 


10/13/93 




93 ABC 0533 


Morrison 


11/03/93 




93 ABC 0644 


Gray 


08/10/93 




93 ABC 0860 


Mann 


09/29/93 




93 ABC 1475 


Nesnow 


03/23/93 





i 



c 



93 COM 0105 Gray 



03/08/93 



1696 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



CRIME CONTROL AND PUBLIC SAFETY 

George W. Paylor v. Crime Victims Compensation Comm. 
Steven A. Bamer v. Crime Victims Compensation Comm. 
Anthoi^ L. Hart v. Victims Compensation Comm. 
Jennifer Ayers v. Crime Victims Compensation Comm. 
Janie L. Howand v. Crime Victims Compensation Comm. 
Isabelle Hyman v. Crime Victims Compensation Comm. 
James G. Pellom v. Crime Control & Public Safety 
Norman E. Brown v. Victims Compensation Commission 
Moses H. Cone Mem Hosp v. Victims Compensation Comm. 
David & Jane Spano v. Crime Control & Public Safety 
Phillip Edviard Moore v. Crime Control & Public Safety 
Norma Jean Purkett v. Crime Victims Compensation Comm. 
Sheila Carter v. Crime Control and Public Safety 
John Willie Leach v. Crime Victims Compensation Comm. 
Nellie R. Mangum v. Crime Victims Compensation Comm. 
Constance Brown v. Crime Victims Compensation Comm. 
Susan Coy v. Crime Victims Compensation Commission 

ENVIRONMENT. HEALTH. AND NATURAL RESOURCES 



91 CPS 1286 


Morgan 


04/27/93 




92 CPS 0453 


Nesnow 


06/01/93 




92 CPS 0937 


Chess 


03/01/93 




92 CPS 1195 


Reilly 


03/19/93 




92 CPS 1787 


Reilly 


03/26/93 




92 CPS 1807 


Morrison 


05/24/93 




93 CPS 0034 


Gray 


05/05/93 




93 CPS 0141 


West 


07/07/93 




93 CPS 0152 


Nesnow 


04/02/93 


8:3 NCR 327 


93 CPS 0160 


Nesnow 


07/30/93 


8:10 NCR 862 


93 CPS 0169 


Nesnow 


05/20/93 




93 CPS 0205 


West 


08/27/93 


8:12 NCR 1171 


93 CPS 0249 


Morgan 


08/25/93 




93 CPS 0263 


Morrison 


05/20/93 




93 CPS 0303 


Morrison 


06/08/93 




93 CPS 0351 


Reilly 


05/24/93 




93 CPS 0623 


Reilly 


09/22/93 





Charles L. Wilson v. Environment, Health, &. Natural Resouices 
J. Bruce Mulligan v. Environment, Health, & Natrual Resouices 
Michael D. Barnes v. Onslow Cty Hlth & Environment and EHR 
William E. Fmck v. Environment, Health, &. Natural Resources 
Utley C Stallir^ v. Environment, Health, & Natural Resources 
Dora Mae Blount on behalf of Joseph T. Midgette v. H>de Cty 

Bd/CommissioneiB, H)de Cty Bd/Health, & Environment, 

Health, & Natural Resouices 
A.J. Ballard Jr., Tire & Oil Co., Inc. v. Env., Health, & Nat. Res. 
Safeway Removal, Inc. v. Environment, Health, & Natural Res. 
White Oak Chapter of the Izaak Walton League, Inc., and 

National Parks and Conservation Association, Inc. v. 

Division of Solid Waste Management, EHR and Haywood County 
Southchem, Inc. v. Environment, Health, & Natural Resouices 
Elizabeth City/fesquolank Cty Mun Airport Auth v. EHNR 
Interstate Brands Corp & Donald Leflfew v. Env., Health, 8l Nat. Res. 
Service Oil Company v. Environment, Health, & Natural Resources 
Interstate Brands Corp & Donald Leffew v. Env., Health, &. Nat. Res. 
Residents of Camm &. Shell v. Health Environmental - Septic Tank Div. 
City of Salisbury v. Envirormient, Health, & Natural Resources 
Willie M. Watford v. Hertford Gates District Health Department 
Standard Speciality Contractors, Inc. v. EHNR 
Shawqi A. Jaber v. Environment, Health, Sl Natural Resources 
McLeod Leather & Belting Co., Inc. v. Env., Health, &. Natural Res. 
Angela Power, Albert Power v. Children's Special Health Svcs. 
Rayco Utilities, Inc. v. Environment, Health, &. Natural Resources 
Erby Lamar Grainger v. Environment, Health, & Natural Resources 
Mustafa E. Essa v. Environment, Health. &. Natural Resources 
A.J. Holt V. Public Water Supply Section, Div. of Environmental Health 
Charlie Garfield McPherson Swine Farm v. Env., Health, & Nat. Res. 
Keith Cutler, Kathryn Cutler v. Environment, Health, &. Natural Res. 
Rosetta Brimage, Vanessa Pack v. Env. Health of Craven County 
R.L. Stowe Mills, Inc. v. Environment, Health, & Natural Resources 
O.C. Stafford /Larry Haney v. Montgomery Cty. Health Depl. 
Patricia Y. Marshall v. Montgomery Cty Health Dept. & EHR 
Fred M. Grooms v. Environment, Health, & Natural Resources 
Bobty Anderson v. Environment, Health, & Natural Resources 
Shell Bros. Dist., Inc. v. Environment, Health, &. Natural Resources 
Fred C. Gosnell & wife, Patricia T. Gosnell v. Env., Health. & Nat. Res. 
Holdir^ Bros., Inc. v. Environment, Health. & Natural Resources 
Hamilton Beach/Proctor-Silex, Inc. v. Environment, Health, & Natrl Res 
Tony Worrell v. Environment, Health, &. Natural Resources 
L. Terry Fniqua v. Environment, Health. & Natural Resources 
Monroe Gaskill v. DEHNR-Div. of Coastal Management 
Lanriy Clifton, Southwind Dev., Co. v. Div. of Environmental Mgmt. 
Blue Ridge Env. Defense League, Inc. v. Env., Health, & Nalri Res 



91 EHR 0664 


Morgan 


03/23/93 




91 EHR 0773 


West 


07/13/93 




91 EHR 0825 


Morgan 


06/21/93 




92 EHR 0040 


Gray 


06/14/93 




92 EHR 0062 


Gray 


03/15/93 




92 EHR 0400 


Grtiy 


10/15/93 




92 EHR 0754 


Nesnow 


08/30/93 




92 EHR 0826 


West 


03/12/93 


8:1 NCR 83 


92 EHR 0881 


West 


09/14/93 




92 EHR 0925 


Chess 


11/08/93 




92 EHR 1140 


Gray 


04/13/93 




92 EHR 1201*" 


Reilly 


08/12/93 




92 EHR 1205 


Reilly 


05/27/93 




92 EHR 1224*" 


Reilly 


08/12/93 




92 EHR 1462 


Morrison 


08/25/93 




92 EHR 1472 


Morrison 


04/22/93 




92 EHR 1600 


Chess 


03/24/93 




92 EHR 1660 


Reilly 


05/21/93 




92 EHR 1784 


Bee ton 


07/07/93 




93 EHR 0003 


Morgan 


10/11/93 


8:15 NCR 1503 


93 EHR 0008 


Bee ton 


03/24/93 




93 EHR 0063 


Morrison 


09/17/93 




93 EHR 0071 


Reilly 


06/21/93 




93 EHR 0146 


Gray 


03/29/93 




93 EHR 0168 


West 


10/25/93 




93 EHR 0181 


Reilly 


07/23/93 


8:10 NCR 870 


93 EHR 0185 


Morrison 


10/20/93 




93 EHR 0206 


Nesnow 


05/20/93 




93 EHR 0219 


Morrison 


08/11/93 


8:11 NCR 996 


93 EHR 0224 


Gray 


06/07/93 




93 EHR 0252 


Gray 


10/22/93 




93 EHR 0276 


West 


08/27/93 


8:12 NCR 1176 


93 EHR 0299 


Reilly 


06/07/93 




93 EHR 0308 


Bee ton 


05/1S/93 




93 EHR 0340 


Becton 


08/11/93 




93 EHR 0380 


Nesnow 


08/03/93 


8:11 NCR 1001 


93 EHR 0477 


Reilly 


06/29/93 




93 EHR 0587 


Morgan 


11/08/93 




93 EHR 0624 


Reilly 


11/08/93 




93 EHR 0802 


Chess 


10/13/93 




93 EHR 0848 


Becton 


10/20/93 




93 EHR 0862 


Nesnow 


10/11/93 





8:17 



NORTH CAROLINA REGISTER 



December I, 1993 



1697 



CONTESTED CASE DECISIONS 



AGENCY 



HUMAN RELATIONS COMMISSION 



Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 
Human Relations Comm. on behalf of Marsha Crisco v. Hayden Morrison 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



f 



92 HRC 0560 


Bee ton 


09/07/93 


8:13 NCR 1287 


93 HRC 0167 


ReiUy 


OS/18/93 


8:12 NCR 1168 



HUMAN RESOURCES 

O.C. Williams v. Human Resources 

Ronald Terry Brown v. Human Resources 

Dennis K. King v. Human Resources 

Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources 

Raymond L. Griffin v. Human Resources 

O.C. Williams v. Human Resources 

Michael L. Ray v. Human Resources 

Randy Chambliss v. Human Resources 

Melvin White v. Human Resources 

Joseph R. Kavaliauskas Jr. v. Human Resources 

Larry D. Bo^d v. Human Resources 

Jefferson D. Bc^len v. Human Resources 

Jeffery D. Williams v. Human Resources 

Jerry L. Summers v. Humpji Resourc^es 

Samuel E. Massenherg Jr. v. Human Resources 

William A. Dixon v. Human Resources 

Gregory L. Washington v. Human Resources 

Edv».in Clarke v. Human Resources 

Dw^ne Allen v. Human Resources 

Edwin Ivester v. Human Resources 

Connie R Epps, Otis Junior Epps v. Human Resources 

Tyrone Aiken v. Human Resources 

Everett M. Eaton \'. Human Resources 

Edward E. Brandon v. Human Resources 

Dam^U W. Russell v. Human Resources 

John Henry Byni v. Human Resources 

Michelle D. Moblcy v. Human Resources 

Gus W. Long Jr. v. Human Resources 

Robert E. Watson v. Human Resources 

Byron Christopher Williams v. Human Resources 

James W. Bell v. Human Resources 

Charles W. Stall Jr. v. Human Resources 

Eric Stanlev Stokes v. Human Resources 

Clayton L. Littleton v. Human Resources 

Frank E. Johnson v. Human Resources 

David Rollins v. Human Resources 

Willie Sam Brown v. Human Resources 

Lyndell Greene v. Human Resourc-es 

Charles Suann v. Human Resources 

Joe B. Reece v. Human Resources 

Michael Anthony Dean v. Human Resources 

Gregory W Alfoni v. Human Resources 

Leroy Snuggs v. Human Resources 

James R Miller lU v. Human Resources 

Herbert H. Fordham v. Human Resources 

Jack Dulq v. Human Resourc^es 

Jesse B. Williams v. Human Resources 

Johnriy Victor Debity v. Human Resources 

Larry L. Crowder v. Human Resources 

Carlos Bernard Davis v. Human Resources 

Ocie C- Williams v. Human Resources 

Terrance Frxieman v. Human Resources 

Flcyd Excell Stafford v. Human Resources 

Timothy Brian EUer v. Human Resources 

Charles S. Ferrer v. Human Resources 

Ronald H. Lockl*^ v. Human Resources 

Rene Thomas RJttenhouse v. Human Resources 



C.Mivnl, dated .ascs 



91 CSE 0036*- 


Morgan 


03/30/93 


91 CSE 0249 


Morgan 


C5/17/93 


91 CSE 1122 


Morgan 


07/28/93 


91 CSE 1131 


Morgan 


08/24/93 


91 CSE 1148 


Morgan 


08/24/93 


91 CSE 1158*= 


Morgan 


03/30/93 


91 CSE 1173 


Morgan 


05/17/93 


91 CSE 1187 


Morgan 


04/28/93 


91 CSE 1192 


Morgan 


05/17/93 


91 CSE 1204 


Morgan 


07/29/93 


91 CSE 1214 


Morgan 


08/24/93 


91 CSE 1217 


Morgan 


05/17/93 


91 CSE 1231 


Morgan 


04/28/93 


91 CSE 1234 


Morgan 


07/28/93 


91 CSE 1249 


Morgan 


05/17/93 


91 CSE 1277 


Morrison 


03/04/93 


92 CSE 0075 


Morgan 


04/01/93 


92 CSE 0129 


Morgan 


05/17/93 


92 CSE 0196 


Morgan 


03/31/93 


92 CSE 0268 


Nesnow 


03/30/93 


92 CSE 1182 


Reilly 


07/22/93 


92 CSE 1217 


Gray 


06/17/93 


92 CSE 1221 


Reilly 


07/27/93 


92 CSE 1237 


Gray 


04/16/93 


92 CSE 1249 


Becton 


04/20/93 


92 CSE 1250 


Reilly 


06/04/93 


92 CSE 1256 


Nesno\%- 


04/15/93 


92 CSE 1263 


Gray 


08/16/93 


92 CSE 1265 


Reilly 


05/06/93 


92 CSE 1270 


Nesnow 


04/26/93 


92 CSE 1311 


Nesnow- 


05/10/93 


92 CSE 1313 


Mann 


07/06/93 


92 CSE 1316*^ 


Reilly 


03/25/93 


92 CSE 1317 


Morrison 


09/02/93 


92 CSE 1326 


Reilly 


08/16/93 


92 CSE 1334 


Morrison 


05/06/93 


92 CSE 1338 


Morrison 


09/15/93 


92 CSE 1346 


Nesnoft' 


04/16/93 


92 CSE 1347 


West 


09/16/93 


92 CSE 1355 


Mann 


10/12/93 


92 CSE 1356 


Morrison 


08/13/93 


92 CSE 1358 


Gray 


10/18/93 


92 CSE 1360 


Morrison 


04/15/93 


92 CSE 1361 


Gray 


04/16/93 


92 CSE 1362 


Nesnow 


07/19/93 


92 CSE 1374 


Gray 


07/16/93 


92 CSE 1389 


Nesnow 


10/12/93 


92 CSE 1393 


Mann 


11/15/93 


92 CSE 1396 


Reilly 


04/15/93 


92 CSE 1404 


Reilly 


04/15/93 


92 CSE 1405 


Mann 


06/25/93 


92 CSE 1411 


Matm 


06/07/93 


92 CSE 1412 


Reilly 


08/31/93 


92 CSE 1414 


Reilly 


04/20/93 


92 CSE 1416 


Mann 


04/15/93 


92 CSE 1418 


Nesnow 


04/20/93 


92 CSE 1421 


Nesnow 


04/20/93 



c 



c 



1698 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CONTESTED CASE DECISIONS 



AGENCY 



Thomas Edwoid Williamson v. Human Resources 
Roy Chester Robinson v. Human Resources 
Lyniwood McClinton v. Human Resources 
Timothy Scott Long v. Human Resources 
David W. Williams v. Human Resources 
William E. Ingram v. Human Resources 
Hanald R. Pledger v. Human Resources 
Carl Beard v. Human Resources 
Henry Alston Jr. v. Human Resources 
Gary Lxwis Doster v. Human Resources 
Michael W. Bentl^ v. Human Resources 
Dale Robert Stuhrc v. Human Resources 
James T. Carter Jr. v. Human Resources 
Tommy Malone v. Human Resources 
James C. Dixon Jr. v. Human Resources 
Timothy R- Currcnce v. Human Resources 
Wandell Walker v. Human Resources 
Wallace M. Cooper v. Human Resources 
Jarvis N. Price v. Human Resources 
Thomas L. Yates v. Human Resources 
Robert E. Tarlton Sr. v. Human Resources 
Rodn^ Devani Clemons v. Human Resources 
James A. Coleman v. Human Resources 
Lee Richard Jones v. Human Resources 
Romeo F. Skapple v. Human Resources 
Terrial W Mayberry v. Human Resources 
JeflFrey L. Garrett v. Human Resources 
Edward Kirk v. Human Resources 
William C. Hubbaid v. Human Resources 
William Michael Przytysz v. Human Resources 
Kevin Keith Witmorc v. Human Resources 
Edwand Fitch v. Human Resources 
David Robinette v. Human Resources 
Kit C. Elmore v. Human Resources 
Brian C. Gilmorc v. Human Resources 
Philip S. Piercy v. Human Resources 
Anthony McLaughlin v. Human Resources 
Johnny W. Cooke v. Human Resources 
Roland L. EssaflF v. Human Resources 
Isaac Maxwell v. Human Resources 
Donald J. R^ v. Human Resources 
Barbara A. Chaperon v. Human Resources 
Kenneth Eugene Johnson v. Human Resources 
Charles Wayne Pierce v. Human Resources 
Gregory L. Vemcy v. Human Resources 
Donna G. Knotts v. Human Resources 
Robert Jerome Sutton v. Human Resources 
Donald R. Williams v. Human Resources 
McKinley Clybum v. Human Resources 
Henry L. T^lor v. Human Resources 
Tony TTiorpe v. Human Resources 
Jeffery D. Williams v. Human Resources 
Ronald Sowell v. Human Resources 
Billy Smith v. Human Resources 
Anthony Curry v. Human Resources 
John G. Williams v. Human Resources 
Larry W. Golden v. Human Resources 
William J. Carter v. Human Resources 
Mark W. Dean v. Human Resources 
Linda D. McDonald v. Human Resources 
Tyrone Thomas v. Human Resources 
Rilton E. May v. Human Resources 
Joe K. Martin v. Human Resources 
Eric Stanley Stokes v. Human Resources 
Larry Thompson v. Human Resources 
Billie J. Smith v. Human Resources 
Patrick Floyd v. Human Resources 
Dennis W. Nolan v. Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AL,F 


DECISION REGISTER CITATION 


92 CSE 1422 


Rally 


04/20/93 


92 CSE 1423 


Reilly 


04/15/93 


92 CSE 1424 


Reilly 


09/15/93 


92 CSE 1445 


Bee ton 


06/29/93 


92 CSE 1448 


Nesnow 


07/19/93 


92 CSE 1450 


Reilly 


04/15/93 


92 CSE 1455 


Morrison 


05/20/93 


92 CSE 1459 


Reilly 


09/08/93 


92 CSE 1460 


Bee ton 


06/29/93 


92 CSE 1461 


Morrison 


10/21/93 


92 CSE 1512 


Nesnow 


06/09/93 


92 CSE 1516 


Reilly 


05/11/93 


92 CSE 1517 


Mann 


08/31/93 


92 CSE 1520 


Mann 


05/07/93 


92 CSE 1522 


Bee ton 


05/11/93 


92 CSE 1523 


Reilly 


09/09/93 


92 CSE 1524 


Reilly 


10/12/93 


92 CSE 1527 


Reilly 


05/11/93 


92 CSE 1531 


Morrison 


05/12/93 


92 CSE 1535 


Gray 


05/10/93 


92 CSE 1536 


Gray 


05/17/93 


92 CSE 1539 


Gray 


05/10/93 


92 CSE 1540 


Reilly 


05/11/93 


92 CSE 1541 


Reilly 


09/08/93 


92 CSE 1545 


Gray 


04/26/93 


92 CSE 1546 


Reilly 


10/12/93 


92 CSE 1557 


Gray 


04/22/93 


92 CSE 1560 


Gray 


06/29/93 


92 CSE 1562 


Mann 


05/12/93 


92 CSE 1565 


Bee ton 


07/23/93 


92 CSE 1566 


Reilly 


11/01/93 


92 CSE 1572 


Reilly 


05/11/93 


92 CSE 1573 


Mann 


07/14/93 


92 CSE 1575 


Gray 


07/16/93 


92 CSE 1576 


Gray 


04/26/93 


92 CSE 1577 


Gray 


07/16/93 


92 CSE 1582 


Gray 


06/29/93 


92 CSE 1585 


Becton 


05/11/93 


92 CSE 1588 


Morrison 


07/26/93 


92 CSE 1589 


Reilly 


04/26/93 


92 CSE 1592 


Mann 


05/19/93 


92 CSE 1593 


Mann 


10/13/93 


92 CSE 1594 


Reilly 


11/01/93 


92 CSE 1596 


Morrison 


07/14/93 


92 CSE 1610 


Gray 


11/09/93 


92 CSE 1611 


Morrison 


07/16/93 


92 CSE 1618 


Chess 


10/12/93 


92 CSE 1622 


Nesnow 


08/04/93 


92 CSE 1623 


Morrison 


05/20/93 


92 CSE 1624 


Mann 


09/15/93 


92 CSE 1625 


Chess 


07/15/93 


92 CSE 1626 


Mann 


05/19/93 


92 CSE 1627 


Reilly 


07/19/93 


92 CSE 1629 


Reilly 


03/25/93 


92 CSE 1631 


Reilly 


03/25/93 


92 CSE 1632 


Mann 


08/10/93 


92 CSE 1633 


Reilly 


03/25/93 


92 CSE 1637 


Nesnow 


05/19/93 


92 CSE 1638 


Reilly 


07/15/93 


92 CSE 1639 


Gray 


10/19/93 


92 CSE 1640 


Mann 


07/22/93 


92 CSE 1642 


Morgan 


07/29/93 


92 CSE 1650 


Reilly 


09/10/93 


92 CSE 1652*^ 


Reilly 


03/25/93 


92 CSE 1655 


Reilly 


07/22/93 


92 CSE 1656 


Gray 


07/23/93 


92 CSE 1663 


Reilly 


05/20/93 


92 CSE 1670 


Morrison 


06/25/93 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1699 



CONTESTED CASE DECISIONS 



AGENCY 



Eric L. Garland v. Human Resources 

Ira Alston Jr. v. Human Resources 

Elvis Bernard Telfair v. Human Resources 

Ronald G. Bolden v. Human Resources 

Donnell E. Byrd v. Human Resources 

Marvin HoUey v. Human Resources 

Eddie Short v. Human Resources 

Michael Tywan Mareh v. Human Resources 

Leroy Jones v. Human Resources 

Antonio M. Townsend v. Human Resources 

Kevin J. Close v. Human Resources 

Norman Gatewood v. Human Resources 

Thadius Bonapart v. Human Resources 

Ronald Norman v. Human Resources 

Joseph Eric Lewis v. Human Resources 

Ronald Dean Lowery v. Human Resources 

Tamera S. Hatfield v. Human Resources 

Michael Wayne Bryant v. Human Resources 

James E. Blakney v. Human Resources 

Nelson Fowler Jr. \: Human Resources 

Oswinn Blue v. Human Resources 

Charies E. Whileli^ v. Human Resources 

Kelvin D. Jackson v. Human Resources 

Linwood Slaton v. Human Resources 

Anthony Watson v. Human Resources 

Eugene Polk v. Human Resources 

Steve R. Tallent v. Human Resources 

Charles A. Morgan v. Human Resources 

Glenda K. HolHfield v. Human Resources 

Kenneth W. Williams v. Human Resources 

Charies Thompson Jr. v. Human Resources 

Barbara W. Catlelt v. Human Resources 

Laurel Langford v. Human Resources 

Ida Diane Davis v. Human Resources 

Hatsuko Klein v. Human Resources 

Karen MuIlJns Martin v. Human Resources 

Ora Lee Brinkl^ v. David T. Haherty, Secretary of Human Resources 

Mary McDuffie v. Human Resources Child Development 

Leon Barbee v. Human Resources 

Carrolton of Dunn, Inc. v. Human Resources 

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayelteville d/b/a F^elleville Kidnty Center, 
Webb-Loha-ichan-Melton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Webb- 
Loha'ichan Rentals 

Dialysis Care of North Carolina. Inc.. d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayelteville d/b/a Fayetteville Kidn^ Center, 
Webb-Loha/ichan-Melton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Webb- 
Loh»'ichan Rentals 

Bio-Medical Applications of North Carolina. Inc., d/b/a BMA 
of Raeford. Webb-Loha/ichan-Melton Rentals, Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of F^elleville 
d/b/a F^etteville Kidnt^f' Center and Webb-Loha'ichan Rentals 
V. Human Resources, Division of Facility Services, Certificate of 
Need Section and Dialysis Care of North Carolina, Inc., d/b/a 
Dialysis Care of Hoke County 

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of 
Facility Services, Certificate of Need Section, and Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Tarboio, 
Rocky Mount Nephrology Associates, Inc.. Bio-Medical 
Applications of North Carolina. Inc., d/b/a BMA of Rocky Mount 
d/b/a Rocky Mount Kidni^' Center, and Rocky Mount Kidm^ Center 
Associates 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 CSE 1671 


Mann 


07/22/93 


92 CSE 1703 


Bee ton 


06/16/93 


92 CSE 1704 


Reilly 


09/15/93 


92 CSE 1706 


Mann 


06/25/93 


92 CSE 1712 


Chess 


10/22/93 


92 CSE 1713 


Mann 


06/08/93 


92 CSE 1714 


Wesi 


07/15/93 


92 CSE 1716 


Gray 


06/17/93 


92 CSE 1718 


Gray 


06/17/93 


92 CSE 1721 


Chess 


08/30/93 


92 CSE 1727 


Chess 


08/30/93 


92 CSE 1728 


Chess 


10/22/93 


92 CSE 1740 


Chess 


09/21/93 


92 CSE 1746 


Chess 


10/14/93 


92 CSE 1748 


Bee ton 


08/02/93 


92 CSE 1771 


West 


07/15/93 


92 CSE 1772 


Chess 


08/30/93 


92 CSE 1773 


Chess 


10/22/93 


92 CSE 1779 


Nesnow 


05/13/93 


93 CSE 0050 


Chess 


10/18/93 


93 CSE 0073 


Chess 


08/03/93 


93 CSE 0183 


Bee ton 


11/10/93 


93 CSE 0221 


West 


08/04/93 


93 CSE 0250 


Nesnow 


08/13/93 


93 CSE 0396 


Nesnow 


08/04/93 


93 CSE 0437 


Chess 


08/11/93 


93 CSE 0448 


West 


10/29/93 


93 CSE 0518 


West 


11/09/93 


93 CSE 0545 


West 


10/11/93 


93 CSE 0590 


Reilly 


10/18/93 


93 CSE 0696 


Morrison 


09/23/93 


92 DCS 0577 


West 


03/15/93 


92 DCS 1181 


Gray 


05/04/93 


92 DCS 1200 


Gray 


03/29/93 


92 DCS 1271 


Reilly 


05/05/93 


92 DCS 1783 


West 


08/04/93 


92 DHR 0608 


Chess 


08/27/93 


93 DHR 0651 


Bee ton 


09/10/93 


92 DHR 0658 


Morrison 


04/30/93 


92 DHR 1101 


Morgan 


07/26/93 


92 DHR 1 109*" 


Morgan 


06/22/93 



PUBLISHED DECISION 
REGISTER CITATION 



92 DHR 11 10** Morgan 06/22/93 



92 DHR 1116'^ Morgan 06/22/93 



92 DHR 1120 



Gray 



06/18/93 



i 



8:5 NCR 441 



i 



.■A NCR 392 
;:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



I 



1700 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CONTESTED CASE DECISIONS 



AGENCY 



James H. Hunt Jr. v. Division of Medical Assistance 

Barbara Jones v. Human Resources 

Joyce P. Williams v. Human Resources 

Snoopy Day Care, Diane Hamby v. Child Day Care Licensing 

Cynthia Reed v. Human Resources 

The Neighborhood Center v. Human Resources 

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources 

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc. 

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc. 

Betty Butler v. Human Resources 

Wayne Sanders and Brcnda Sanders v. Human Resources 

Britlha/en, Inc. v. Human Resources &. Valdese Nursing Home. Inc. 

Samuel Benson v. Office of Admin. Hearir^ for Medicaid 

James W. McCall, Alice V. McCall v. Human Resources 

Vemice Whisnant v. Human Resources 

Cabarrus Cty Dept. of Social Svcs. v. Human Resources 

Hannah F. Tonkel v. Human Resources 

Fannie Lewis v. Human Resources 

Human Resources, Div. of CTiild Development v. Susan Amato 

Katie Kelly v. Human Resources 

Venola Hall, Agape Day Care v. Human Resources 

Christopher Durrcr, Wilson Memorial Hospital v. Human Resources 

Darryl A. Richaidson v. Human Resources 

Home Health Prof., Barbara P. Bradsher. Admin v. Human Resources 

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development 

Thomas M. Moss v. Human Resources 

Frank S. & Susie R. Wells v. New Hanover Cty. Dept of Social Svcs. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


92 DHR 


1145 


Becton 


05/13/93 


8:5 NCR 443 


92DHR 


1192 


Nesnow 


04/02/93 


8:3 NCR 313 


92 DHR 


1275 


Gn^ 


03/15/93 




92 DHR 


1320 


Morgan 


05/21/93 




92 DHR 


1329 


Chess 


05/10/93 




92 DHR 


1375 


Chess 


08/02/93 




92 DHR 


1604 


Reilly 


05/10/93 




92 DHR 


1612 


Chess 


03/08/93 




92 DHR 


1613 


Chess 


03/08/93 




92 DHR 


1614 


Chess 


03/09/93 




92 DHR 


1699 


ReiUy 


06/07/93 


8:7 NCR 632 


92 DHR 


1785 


Gray 


09/17/93 




93 DHR 0010 


Becton 


03/11/93 




93 DHR 0102 


Morgan 


10/05/93 




93 DHR 0332 


Morgan 


09/23/93 




93 DHR 0373 


Morgan 


07/20/93 




93 DHR 0378 


Nesnow 


09/10/93 




93 DHR 0379 


Gray 


06/28/93 




93 DHR 0418 


Morgan 


08/26/93 




93 DHR 0441 


Chess 


07/26/93 




93 DHR 0535 


Mann 


10/22/93 




93 DHR 0566 


Chess 


09/17/93 




93 DHR 0679 


Becton 


09/30/93 




93 DHR 0737 


Chess 


09/23/93 




93 DHR 0782 


Nesnow 


09/09/93 




93 DHR 0864 


Chess 


11/05/93 




93 DHR 0922 


Nesnow 


11/08/93 





INSURANCE 



Carolyn M. Hair v. St Employees Comprehensive Major Medical 
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees// 
St. of N.C. Teachers' & St. Emp. Comp. Major Medical Plan, and 
David G. Devries, as Exec. Admin, of the N.C. Teachers' &. Si. Emp. 
Comp. Major Medical Plan 
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan 



92 INS 1464 
92 INS 1791 



93 INS 0197 



Chess 
Reilly 



Nesnow 



03/10/93 
08/19/93 



07/29/93 



JUSTICE 



Philip B. Cates v. Justice, Attorney General's Office 

Donald WiUaid Johnson v. Criminal Justice Ed. & Trainir^ Stds. Comm. 

Jennir^ Michael Boslic v. Sheriffs' Ed. & Tranir^ Slds. Comm. 

Colin Carlisle Mayers v. Sheriffs Ed. & TraJnir^ Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. & Tranir^ Slds. Comm. 

Michael Charles Kershner v. Criminal Justice Ed & Training Slds Comm 

George Wilton Hawkins v. Criminal Justice Ed. & Trainir^ Slds. Comm. 

Marilyn Jean Britt v. Criminal Justice Ed. &. Training Stds. Comm. 

Tim McCoy Deck v. Criminal Justice Ed. &. Training Stds. Comm. 

Richard Zander Frink v. Criminal Justice Ed. Sl Traning Stds. Comm. 

Sherri Ferguson Revis v. Sheriffs' Ed. &. Trainirg Slds. Comm. 

Mark Thomas v. Sheriffs' Ed. & Training Standards Commission 

Geoig;e Wilton Hawkins v. Sheriffs' Ed. &. Trainii^ Stds. Comm. 

Lonnie Allen Fox v. Sheriffs' Ed. & Trainii^ Standards Commission 

Alarm Systems Licensing Bd. v. Eric Hoover 

Alarm Systems Licensing Bd. v. Vivian Darlene Gailher 

Rebecca W Stevenson v. Criminal Justice Ed. & Training Stds. Comm. 

LIcyd Harrison Bryant Jr. v. Criminal Justice Ed & Trainii^ Slds Comm 

William B. Lipscomb v. Private Protective Services Board 

Private Protective Svcs. Bd. v. Fred D. Rector 

Private Protective Svcs. Bd. v. Alan D. Simpson 

William M. Medlin v. Sheriffs Ed. &. Training Stds. Comm. 

Carl Michael O'Byme v. Alarm Systems Licensing Board 



90 DOJ 0353 


Morgan 


08/30/93 


8:13 NCR 1281 


92 DOJ 0420 


West 


11/05/93 


8:17 NCR 1705 


92 DOJ 0656*' 


West 


06/22/93 




92 DOJ 0761 


Morrison 


05/10/93 




92 DOJ 0829*' 


West 


05/22/93 




92 DOJ 0869 


Morgan 


08/11/93 




92 DOJ 1081*' 


Morgan 


07/09/93 




92 DOJ 1088 


Morrison 


03/16/93 




92 DOJ 1367 


Chess 


04/01/93 




92 DOJ 1465 


Nesnow 


05/28/93 




92 DOJ 1756 


Gray 


03/23/93 




93 DOJ 0151 


West 


C4/21/93 




93 DOJ 0156*' 


Morgan 


07/09/93 




93 DOJ 0196 


Morrison 


08/09/93 




93 DOJ 0201 


Becton 


07/12/93 




93 DOJ 0202 


Chess 


05/10/93 




93 DOJ 0357 


Morrison 


09/13/93 




93 DOJ 0377 


Reilly 


08/31/93 




93 DOJ 0458 


Morrison 


06/01/93 




93 DOJ 0479 


Mann 


08/19/93 




93 DOJ 0480 


West 


07/21/93 




93 DOJ 0569 


Chess 


10/06/93 




93 DOJ 0844 


Nesnow 


09/08/93 


8:13 NCR 1300 



LABOR 



Greensboro Golf Center, Inc. v. Labor 
Ronald Dennis Hunt v. Labor 
Jeffrey M. McKinney v. Labor 



92 DOL 0204 


Nesnow 


04/15/93 


92 DOL 1319 


Morgan 


06/17/93 


92 DOL 1333 


Morrison 


06/21/93 



8:17 



NORTH CAROLINA REGISTER 



December I, 1993 



1701 



CONTESTED CASE DECISIONS 



AGENCY 

MORTUARY SCIENCE 

Boajd of Mortuary Science v. Triangle Funeral Chapel, Inc. 
PUBLIC INSTRUCTION 



Arnold O. Herring v. Public Instruction 
Frances F. Davis, Parent of Joseph E. Davis ' 
Donna Marie Snyder v. Public Instruction 



Public Instniction 



CASE 
NUMBER 



92BMS 1169 



ALJ 



ReiUy 



DATE OF 
DECISION 



04/29/93 



91 EDC 0858 


Bee ton 


10/20/93 


93 EDC 0628 


Mann 


07/29/93 


93 EDC 0731 


Nesnosv 


09/16/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:4 NCR 396 



f 



STATE PERSONNEL 

Frances K. I^le v. TransporBtion 

Lawrence D. Vtllkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Laft-rence D. Vvlllde. Jerry R. E\'ans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wllkie, Jerry R. E^ans, Jules R. Hancart, 

James H Johnson, James D. Fishel v. Justice 
Laurence D. \MlkJe, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerrv R. E\-ans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Connie B. Lee v. Justice 

Donald Allen Rutschman v. UNC GreensboiD, Office of Human Res. 
Bemie B. Kellly v. Correction 
Brenda G. Mitchell v. Correction 
Walton M. Pitt man v. Correction 

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation 
ClavtoD Brewer v. North Carolina Slate University 
Sherman Daye v. Transporbtion 
Donnie M. While v. Correction 

Gregory Samuel I^rker v. Environment. Health, & Natural Resources 
Renee E. Shephetd v. Winston-Salem Slate University 
B\'a Dockery v. Human Resources 

Lee R Crosby v. Michael Kelly, William Meyer and EHR 
William Marshall Bc^d Jr v. County Commissioners of H}de &. 

Certain Board of Health Members 
Gregory Samuel Parker v. Em'ironmenl. Health. & Natural Resources 
Willie Granville Bail^ v.Wlnston-Salem Slate University 
Mattie W. Smith v. State Agricultual and Technical University 
Julia Spinks v. Err-'irormient, Health. &. Natural Resources 
James B. Price v. Transportation 
h Car>- NaiUiog v. UNC-CH 
Deborah Barber v. Correction 
La^eme B. Hill v. TransporBtion 
Timmy D. Wilkins v. Transpor&tion 

Sarah W. Britt v. Human Resources, C.A. Dillon School, CPS 
Charles Robinson v. Revenue 

Arma L. Spencer v. Mecklenbuig County Area Mental Health 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Ronnie H. Mozingo v. Correction 
Glinda C. Smith v. Vv'ildlife Resources Commission 
Cindy G. Bartlett v. Correction 

William Kenneth Smith Jr v. Broughlon Hospital (Human Resources) 
Larry O. Nobles v. Human Resources 

Beatrice X^Tieless v. Lise M. Miller. University Payroll Off.. NC St. Univ. 
Trace>- Hall v. N.C. Central U, Off. of Scholarship & Student Aid 
Sondra Williams v. Winston-Salem State University 
Willie Thomas Hope v. Transportetion 
David Scales v. Correction 

Suzarme Ransley Hill v. Em'ironmenl. Health, &. Nat. Res. 
Herman James Goldstein v. UNC-Chapel Hill el al. 
Charles M. Blackwelder v. Correction 

Beatrice WTieless v. Lise M. Millen University Payroll Off.. NC St. Univ. 
John B. Sauls v. Wake County Health Department 
Patti G, Newsome v. TransporQlion 



88 DSP 0340 


Morrison 


05/03/93 




90 OSP 1064*' 


Mann 


05/04/93 




90 OSP 1065** 


Mann 


05/04/93 




90 OSP 1066** 


Mann 


05/04/93 




90 OSP 1067** 


Mann 


05/04/93 




90 OSP 1068*" 


Mann 


05/04/93 




91 OSP 0011 


Morgan 


10/05/93 


8:15 NCR 1498 


91 OSP 0305 


Chess 


10/19/93 




91 OSP 0344 


Morrison 


05/27/93 




91 OSP 0625 


West 


03/08/93 


8:1 NCR 75 


9 1 OSP 0805 


Morgan 


10/06/93 




91 OSP 0860 


Chess 


07/19/93 




91 OSP 0941 


West 


04/02/93 


8:3 NCR 306 


91 OSP 0951 


West 


05/07/93 




91 OSP 1236 


Morgan 


04/05/93 




91 OSP 1344*' 


Chess 


05/20/93 




91 OSP 1391 


Morgan 


04/28/93 




92 OSP 0010 


Chess 


05/03/93 




92 OSP 0056 


Gra) 


06/07/93 




92 OSP 0090 


Gra>- 


08/25/93 




92 OSP 0188*" 


Chess 


05/20/93 




92 OSP 0285 


Morrison 


03/10/93 




92 OSP 0298*"- 


Reilly 


09/14/93 




92 OSP 0313 


Be»:ton 


04/12/93 


8:4 NCR 382 


92 OSP 0375 


Gra> 


04/13/93 




92 OSP 0394 


Bee ton 


04/20/93 




92 OSP 0396 


Chess 


03/04/93 




92 OSP 0431*" 


West 


03/08/93 




92 OSP 0432*" 


West 


03/08/93 




92 OSP 0455 


West 


05/26/93 


8:6 NCR 484 


92 OSP 0553 


Morgan 


07/21/93 




92 OSP 0584 


Bee ton 


08/16/93 




92 OSP 0634 


Morrison 


05/04/93 




92 OSP 0644 


Mann 


10/11/93 




92 OSP 0653 


Morrison 


03/12/93 




92 OSP 0671 


Morgan 


06/08/93 




92 OSP 0684 


Bee ton 


05/10/93 




92 OSP 0732 


Mann 


04/23/93 




92 OSP 0744*"' 


Morgan 


07/16/93 




92 OSP 0815 


Morgan 


09/16/93 




92 OSP 0847 


Morrison 


08/06/93 




92 OSP 0947 


Morgan 


03,/23/93 




92 OSP 0989 


Chess 


06/24/93 




92 OSP 0992 


Reilly 


03/18/93 


8:2 NCR 224 


92 OSP 1047 


Morrison 


05/04/93 




92 OSP 1082 


Morrison 


10/15/93 


8:15 NCR 1500 


92 OSP 1124*'" 


Morgan 


07/16/93 




92 OSP 1142 


Reilly 


03/08/93 


8:1 NCR 88 


92 OSP 1180 


Bee ton 


09/22/93 


8:14 NCR 1346 



i 



i 



1702 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CONTESTED CASE DECISIONS 



AGENCY 



Nancy McAllister v. Camden County Department of Social Services 

Gilbert Jaeger v. Wake County Alcoholism Treatment Center 

Joseph Henry Bishop v. Environment, Health, & Natural Res. 

Glenn D. Fuqua v. Rockii^ham County Boaid of Social Services 

Dorothy D. Johnson v. Correction 

Willie L. Hudson v. Correction 

Brenda K. Campbell v. Emplcyment Security Commission 

Christie L. Guthrie v. Environment. Health, & Natural Resources 

Sharon Reavis v. Crime Control &. Public Safety 

James B. Price v. Transportation 

Jerry L. Jones v. N.C.S.U. Physical Plant 

Mattie W. Smith v. State Agricultuial and Technical University 

Gina Renee Cox v. UNC Chapel Hill 

Roland W Holden v. University of North Carolina at Chapel Hill 

Betty Bradsher v. UNC-CH 

Anthony M. Little v. Human Resources, John Umstead Hospital 

Jannie C. Sykes v. Emplcyment Security Commission 

Jamal Al Bakkat-Morris v. Glenn Sexton (DSS) 

Rebecca Beauchesne v. University of North Carolina at Chapel Hill 

Brenda Kay Barnes v. Human Resources 

Larry G. Riddle v. Correction, Division of Prisons 

Stevie E. Dunn v. Polk Youth Center 

Buford D. Vieregge Jr. v. N.C. State University. University Dining 

Dorothy Ann Harris v. Correction 

Brenda B. Miles v. University of North Carolina Chapel Hill 

Deborah J. Whitfield v. Caswell Center 

Karen Canter v. Appalachian State University 

Terry Steve Brown v. Iredell County Health Department 

Barbara A. Johnson v. Human Resources 

Carrie P. Smith v. County of Stanly 

George W. Allen v. Human Resources, Correction, Agri & EHNR 

William G. Fisher v. St Bd of Ed, Albermarle City Schools & Bd of Ed 

Grace Jean Washington v. Caswell Center 

Ralph Snipes v. Transportation and Correction 

Clifton E. Simmons v. Comxtion 

Willie L. James v. Caswell Center 

Irving S. Rodgers v. C.A. Dillon, Division of Youth Services 

Richard E. Howell v. Correction, Wayne Correctional Center 

Brian Dale Bamhaidt v. State Highway Patrol 

F.R. "Don" Bowen v. Human Resources 

Michael L. Pegram v. Correction 

Jerry D. Doss Sr. v. Correction 

Debbie Renee Robinson v. Correction 

Linda R. Whainon v. N.C. A & T University 

Michael L. Pegram v. Correction 

Ralph W Burcham v. Transportation 

Hubert L. Holmes v. Transportation 

Vemell Ellis Turner v. NC A & T Police Dept. NC Agricultural Tech U 

Timothy E. Bievins v. UNC A/K/A Western Carolina University 

Xantippe BlackiAell v. Human Resources, Murdoch Center 

Wayne Bradley Johnson v. State Computir^ Center 

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons 

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County 

Department of Social Services 
Terry Johnson v. Correction 
Kathleen E. Conran v. New Bern Police Dept.. City of New Bern; and 

City of New Bern Police Civil Service Board 
Berton Hamm Jr v. Wake County Child & Family Services 
John R. Woods Sr. v. Wake County Child &. Family Services 
Coleman F Tyrance Jr v. Wake County Child & Family Services 
John Augusta Page v. Wake County Child & Family Services 
Thomas James v. Wake County Child Ac Family Services 
James E. Hargrove v. Wake County Child & Family Services 
Ricky Harrcll v. Wake County Child &. Family Services 
Bruce Creecy v. Wake County Child & Family Services 
Dana Phillips v. Administrative Office of the Courts 
Terry P. Chappell v. Correction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


MJ 


DECISION 


REGISTER CITATION 


92 OSP 1185 


Chess 


09/07/93 




92 OSP 1204 


Reilly 


05/10/93 




92 OSP 1243 


Reilly 


03/05/93 




92 OSP 1318 


Morrison 


08/03/93 




92 OSP 1395 


Nesnow 


10/29/93 




92 OSP 1468 


Bee ton 


05/26/93 




92 OSP 1505 


Morrison 


03/17/93 




92 OSP 1555 


Bee ton 


05/31/93 




92 OSP 1606 


Morrison 


08/19/93 


8:12 NCR 1163 


92 OSP 1657 


Mann 


03/19/93 




92 OSP 1661 


Chess 


07/06/93 




92 OSP 1691*'" 


Reilly 


09/14/93 




92 OSP 1692 


Bee ton 


10/18/93 




92 OSP 1715 


Becton 


08/30/93 


8:13 NCR 1292 


92 OSP 1733 


Becton 


03/30/93 




92 OSP 1734 


Bee ton 


09/01/93 




92 OSP 1738 


Gray 


10/25/93 




92 OSP 1741 


Bee ton 


03/24/93 




92 OSP 1767 


Bee ton 


10/01/93 




92 OSP 1768 


Morrison 


03/17/93 




92 OSP 1774 


Gray 


04/26/93 




92 OSP 1789 


Bee ton 


04/19/93 




92 OSP 1796 


Morrison 


05/27/93 




93 OSP 0013 


Morrison 


09/15/93 




93 OSP 0033 


Morrison 


09/10/93 




93 OSP 0064 


West 


09/20/93 




93 OSP 0079 


Reilly 


06/15/93 




93 OSP 0101 


Morgan 


08/06/93 




93 OSP 0103 


Morrison 


03/17/93 




93 OSP 0109 


Becton 


04/01/93 




93 OSP 01 11 


Reilly 


04/16/93 




93 OSP 0134 


Becton 


04/20/93 




93 OSP 0153 


Morgan 


06/03/93 




93 OSP 0157 


Mann 


10/29/93 




93 OSP 0159 


Morrison 


04/21/93 




93 OSP 0171 


Morgan 


05/27/93 




93 OSP 0177 


West 


04/21/93 




93 OSP 0245 


Gray 


08/25/93 




93 OSP 0251 


Reilly 


07/27/93 




93 OSP 0253 


Morgan 


08/06/93 




93 OSP 0275** 


Reilly 


06/28/93 




93 OSP 0287 


Gray 


05/17/93 




93 OSP 0383 


Nesnow 


06/07/93 




93 OSP 0456 


Chess 


09/22/93 




93 OSP 0472*« 


Reilly 


06/28/93 




93 OSP 0493 


Chess 


10/15/93 


8:16 NCR 1558 


93 OSP 0572 


Reilly 


08/17/93 




93 OSP 0577 


Becton 


11/03/93 




93 OSP 0604 


Morgan 


09/29/93 




93 OSP 0632 


Reilly 


09/01/93 




93 OSP 0694 


Chess 


10/11/93 




93 OSP 0697 


Nesnow 


09/08/93 




93 OSP 0752 


Nesnow 


09/16/93 




93 OSP 0757 


Gray 


10/06/93 




93 OSP 0797 


Morrison 


09/21/93 




93 OSP 0809 


Becton 


10/27/93 




93 OSP 0810 


Becton 


11/02/93 




93 OSP 0811 


Becton 


11/02/93 




93 OSP 0812 


Becton 


11/02/93 




93 OSP 0813 


Becton 


11/02/93 




93 OSP 0814 


Becton 


11/02/93 




93 OSP 0815 


Becton 


11/02/93 




93 OSP 0816 


Bee ton 


11/02/93 




93 OSP 0822 


West 


09/09/93 




93 OSP 0834 


Nesnow 


10/11/93 





8:17 



NORTH CAROLINA REGISTER 



December I, 1993 



1703 



CONTESTED CASE DECISIONS 



AGENCY 



STATE TREASURER 

Juanita M. Braxton v. Bd. of TrusteesneachetB' & St Emp Ret Sys 
Herman D. Brooks v. Bd of Ttaistees/Teachets' &. St Emp Ret Sy-s 
HenrietB Sandlin v. Teachers' &. State Emp Comp Major Medical Plan 
Frances Billingsley v. Bd/Tnjstees/Teachets' &. St. Emp. Ret. Sys. 
Dennis Willoughby v. Bd./Trustces/TeachctB' & St. Emp. Ret. Sys. 
Mary Alyce Cannichael v, BdrTrustees/Teachets' &. St Emp Ret Sys 
W. Rex Perry v. Bd/Tmstees/Teacheis' &. St Emp Ret Sys 
Rory Dale Swiggett v, Bd./Trustees/N.C. Local Govtl. Emp. Ret. Sys. 

TRANSPORTATION 



CASE 
NUMBER 



AL.I 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



r 



91 DST0017 


West 


09/07/93 




91 DST0566 


Gray 


04/13/93 




92 DST 0305 


Morgan 


04/12/93 




92 DST 0996 


West 


09/20/93 




92 DST 1439 


West 


09/20/93 


8:14 NCR 1356 


92 DST 1506 


Chess 


04/08/93 




93 DST 0133 


West 


08/12/93 


8:11 NCR 992 


93 DST 0198 


West 


09/28/93 


8:14 NCR 1360 



Yates Construction Co., Inc. v. TransporBtion 
UNIVERSITY OF NORTH CAROLINA HOSPITALS 



92 DOT 1800 



Mo 



rgan 



03/25/93 



Constance V. Graham v. UNC Hospital 
Jacqueline Florence v. UNC Hospitals 



93 UNC 0269 
93 UNC 0355 



Morgan 
Becton 



07/20/93 
06/16/93 



i 



i 



1704 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF GASTON 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

92 DOJ 0420 



DONALD WILLARD JOHNSON 
Petitioner, 



N.C CRIMINAL JUSTICE EDUCATION AND 
TRAINING STANDARDS COMMISSION, 
Respondent. 



PROPOSAL FOR DECISION 



This contested case was heard on September 22, 1993 in Charlotte, North Carolina by 
Administrative Law Judge Thomas R. West. 

APPEARANCES 

Respondent was represented by Special Deputy General Robin P. Pendergraft. 

Petitioner was represented by W. Robinson, Jr., Esq. of Shelby, North Carolina. 

ISSUES 

Did Petitioner Donald Willard Johnson, a duly certified law enforcement officer, knowingly make 
a material misrepresentation of any information required for certification? 

If so, what administrative penalty, if any, is appropriate? 

BURDEN OF PROOF 

The burden of proof is on Respondent Criminal Justice Education and Training Standards Commission 
to prove by the greater weight of the substantial evidence that Petitioner knowingly made a material 
misrepresentation of any information required for certification as a law enforcement officer. 

WITNESSES 

The following persons testified in support of Respondent's case: 

Lt. Dewey Duncan - Officer with the Belmont, N. C. Police Department. 

Thomas Henson - Former Chief, Belmont, N. C. Police Department. 

Chief Charlie Flowers - Chief, Belmont, N. C. Police Department. 

Scott Perry - Deputy Director of the Criminal Justice Standards Division, 
Department of Justice. 

The following persons testified in support of Petitioner's case: 

Jackie Dean Barrett - Former Chief, Kings Mountain Police Department. 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



1705 



CONTESTED CASE DECISIONS 



Captain Bobby Gene Hayes - Assistant Chief, Kings Mountain Police Department. 
Donald W. Johnson - Petitioner 

EXHIBITS 



The following 


exhibits 


were received into evidence: 


RIA 




R2A 


RIB 




R2B 


RIG 




R3A 


RID 




R3B 


RIE 




R3C 


RIF 




R4 


RIG 




R5 


RIH 




R6 
R7 


Based upon the substantial evidence admitted at the hearing, the undersigned finds the following to 


be the facts: 




FINDINGS OF FACT 



1 . Respondent North Carolina Criminal Justice Education and Training Standards Commission (hereafter, 

"Commission") is the Commission established by the General Assembly of North Carolina to supervise the 
education, training, and certification of criminal justice officers in North Carolina. In order for a person to 
serve as a sworn law enforcement officer, the person must be certified by the Commission. 



2. Petitioner Donald W. Johnson (hereafter, "Johnson") is certified by the Commission as a criminal 
justice officer. Johnson is a sworn law enforcement officer employed by the Kings Mountain Police 
Department. 

3. At the date of this hearing, Johnson was thirty-four (34) years of age. Johnson graduated from Kings 
Mountain High School in 1977, successfully completed BLET training in 1982, and was certified as a criminal 
justice officer in 1983. 

4. On February 18, 1992, the Commission gave Johnson notice that probable cause existed to suspend 
Johnson's certification based upon his alleged failure to comply with 12 NCAC 9A .0204(b)(6). That 
administrative rule empowers the Commission to suspend or revoke certification of a criminal justice officer 
when it is found that the certified officer has knowingly made a material misrepresentation of any information 
required for certification . 

5. The Commission has alleged that Johnson violated 12 NCAC 9A .0204(b)(6) in the following manner: 

A. March 21, 1983 - Falsified the Personal History Statement (Commission Form F-3) 

completed as part of Johnson's application for certification as a reserve law enforcement 
officer with Kings Mountain Police Department by failing to list, in response to question #49, 
the following criminal charges on Johnson's criminal record: 

Injury to Personal Property - Dismissed 6/10/76 

i. Assault on a Female - Frivolous; Prosecuting witness to pay costs 8/29/78 

ii. DUI - Dismissed 6/17/80 

V. Simple Assault and Assault and Battery - Dismissed 7/3/81 



1706 8:17 NORTH CAROLINA REGISTER December 1, 1993 



CONTESTED CASE DECISIONS 



V. Assault with a Deadly Weapon - Dismissed 9/10/81 

B. October 22, 1984 - Falsified the Personal History Statement completed for the Kings 
Mountain Police Department by answering "No" in response to question #49 which asks if 
the applicant has ever been arrested or detained by police. 

C. June 22. 1987 - Failed to list any criminal record in Cleveland County in response to 
question #50 on the Personal History Statement in connection with an application for 
employment by the Belmont Police Department. 

D. July 13, 1987 - Failed to list any criminal record on the Report of Appointment/ Application 
for Certification (Commission Form F-5A LE) submitted to the Commission by the Belmont 
Police Department. 

E. February 8^ 1989 - Failed to list any criminal history from Cleveland County on the Report 
of Appointment/Application for Certification (Form F-5A LE) that was submitted by the 
Belmont Police Department to the Commission on behalf of Johnson. 

6. Pursuant to 12 NCAC 9A .0205(b), when "... the Commission suspends ... the certification of a 
criminal justice officer, the period of sanction shall be not less than five years. ..." However, the Commission 
may reduce or suspend the sanction period or place the criminal justice officer in lieu of suspending 
certification following an administrative hearing where the cause of the sanction is a material misrepresentation 
of any information required for certification. 

7. On May 28, 1976, while a resident of Kings Mountain in Cleveland County, Johnson was charged 
with Injury to Personal Property. Johnson was backing out of the driveway of a female with whom he was 
or wanted to be romantically involved when he hit the car of another suitor. The charges were DISMISSED 
on June 10, 1976. 

8. On August 12, 1978, while a resident of Kings Mountain, Johnson was charged with Assault on a 
Female. The Court DISMISSED the charges, describing them as "frivolous" and ordered the prosecuting 
witness to pay the costs of court. 

9. On May 25, 1980, while a resident of Kings Mountain, Johnson was charged by the Highway Patrol 
with Driving while under the influence. The charge was DISMISSED on June 17, 1980. 

10. On June 17, 1981, while a resident of Kings Mountain, Johnson was charged by the Kings Mountain 
police with Simple Assault and Assault and Battery. The charge was DISMISSED on July 3, 1981. 

11. On August 19, 1981, while a resident of Kings Mountain, Johnson was charged by the Kings 
Mountain police with Assault with a Deadly Weapon. The charge was DISMISSED on August 10, 1981. 

12. Prior to going to work with the Kings Mountain Police Department, Johnson was in management with 
Family Dollar Stores. The incident which gave rise to the Assault and Battery charge in 1981 occurred at the 
Family Dollar Store in Kings Mountain. Johnson observed a person whom he believed to be shoplifting. 
Johnson detained the person, there was a scuffle, and when the Kings Mountain police arrived, they arrested 
the suspected shoplifter. The person subsequently swore out a warrant against Johnson for Assault. TTie 
charge against Johnson was DISMISSED. The complainant was convicted of shoplifting. 

The incident which gave rise to the Assault with a Deadly Weapon charge in 1981 also occurred at 
the Family Dollar store in Kings Mountain. Johnson observed one Michael Patterson at the checkout counter. 
Johnson had observed Patterson days earlier at the store and believed Johnson to be shoplifting. Johnson had 
told Patterson not to come back to the store. When Johnson subsequently saw Patterson at the store on 
another day, Johnson told Patterson he was going to charge Patterson with Trespass. A scuffle resulted. 
Patterson was later charged and convicted of Trespass. Patterson swore out a warrant against Johnson 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1707 



CONTESTED CASE DECISIONS 



charging him with Assault with a Deadly Weapon. The charge was DISMISSED by the court. 

Patterson is well known to the Kings Mountain police since at some time in 1983 or 1984 he stole 
a Kings Mountain police squad car. Johnson helped arrest Patterson while he was serving as a Reserve Officer 
with the Kings Mountain police and while he was still employed by Family Dollar stores. 

13. On or about March 21, 1983, Johnson applied with the Kings Mountain Police Department to become 
a Reserve officer. Johnson completed a Kings Mountain personnel form and among other things a Personal 
History Statement promulgated by the Commission and introduced into evidence as ExJiibit R3A. In answer 
to question #49. "Have you ever been arrested or detained by police?", Johnson listed a charge of Carrying 
a Concealed Weapon for which he was fined $45.00 in 1977, and an Assault charge from Gastonia which was 
DISMISSED in 1978. Johnson did not list any of the five charges listed in Findings of Fact 7-11. Johnson 
was a resident of Kings Mountain when all five of the charges described in Findings 7-11 were made. All 
but the DUI charge were processed by the Kings Mountain Police Department. 

14. The Chief of the Kings Mountain Police Department from 1977 to 1987 was Chief Jackie Dean 
Barrett. Chief Barrett had known Johnson for many years. 

15. A Criminal Records check was done of Johnson at the Cleveland County Courthouse by the Kings 
Mountain Police. 

16. On October 22, 1984, Johnson applied with Kings Mountain to be a full time police officer. Johnson 
completed the Personal History Statement promulgated by the Commission and introduced into evidence as 
Exhibit R3B. In answer to question #49 "Have you ever been arrested or detained by police?", Johnson 
answered, "No". 

17. On or about July 13, 1987, Johnson applied with the Belmont Police Department for a position as a 
law enforcement officer. As part of that application, on July 13, 1987, Johnson signed a Report of Appoint- 
ment/Application (Form F-5A LE) promulgated by the Commission and introduced as Exhibit R2A. The form 
had been typed by a police force secretary. The form contains a place where all applicants are to list their 
criminal offense record. TTie section is blank on Exhibit R2A. 

18. Johnson's application was handled as a lateral transfer from the Kings Mountain force to the Belmont 
force. Dewey Duncan and then Chief Thomas Henson asked Capt. Hayes of the Kings Mountain force what 
kind of officer Johnson was and were told he was a fine officer. Johnson was given a physical. His 
fingerprints were taken and a background check was done by the Belmont force. Lt. Duncan interviewed 
Johnson. Johnson told him that he had had charges against him that been dismissed and asked Duncan if he 
had to list charges on the Report of Appointment/ Application for Certification that been dismissed. Lt. 
Duncan told Johnson that you did not. 

19. Johnson also completed another Personal History Statement (Form F-3) on June 23, 1987. In 
response to question #50, "Have you ever been arrested by police?", Johnson answered "Yes". Johnson listed 
the 1976 charge of Carrying a concealed weapon, 1976 charge of Driving under the influence, and a 1976 
charge of having an open container of alcohol in the passenger area. All three charges originated with the 
Highway Patrol. All three charges were DISMISSED. 

20. Johnson was dismissed from the Belmont police force in 1988 by direction of the City Manager. The 
City Manager told then Chief Henson that the Manager had gone into Town Hall one evening at 7:30 p.m. 
and found Johnson and a female city employee in the building with the lights out. The City Manager told 
Henson to fire Johnson. Later, in 1989, upon advice of the Town Attorney, the City Manager directed then 
Chief Henson to re-hire Johnson. 

21. As part of the rehiring procedure, Johnson signed another Report of Appointment/ Application for 
Certification form on February 8, 1989. 



1708 8:17 NORTH CAROLINA REGISTER December 1, 1993 



CONTESTED CASE DECISIONS 



22. An employee of the Commission, Buddy Mozingo was in the Belmont Police offices on February 8, 
1989 performing a field audit. Lt. Duncan asked Mozingo if charges that had been dismissed had to be listed 
on Form F-5A. Mozingo told Duncan that all charges had to be listed on the form. Lt. Duncan told Johnson 
to put down all charges. 

23. As part of the rehiring process, Belmont did a criminal record check of Johnson in both Cleveland 
and Gaston County. Judicial notice is taken that Kings Mountain is in Cleveland County and Belmont is in 
Gaston County. Judicial notice is taken that the two towns are approximately twenty to twenty-five miles apart. 

24. As a result of the criminal records check, Lt. Duncan learned of the five charges between 1976 and 
1981 which form the basis of the Commission's charge. Lt. Duncan told then Assistant Chief Flowers. Chief 
Flowers and Chief Henson discussed between themselves their responsibility to notify the Commission, and 
in 1989 notified the Commission. 

25. In 1989, when Lt. Duncan learned of the five charges at issue in this case, he went into Johnson's 
personnel record at the Belmont Police force and filled in information on the Form F-5A LE signed by 
Johnson in 1987. 

26. In February, 1990, Johnson was promoted by then Chief Henson from patrolman to sergeant. Twelve 
other patrolman were eligible for the promotion. Assistant Chief Flowers served on the Promotion Board. 
Chief Flowers did not object to the promotion. Both Flowers and Henson were aware at the time of the 
promotion of the charges at issue in this case. 

27. Chief Henson wrote a letter in October 1991 to Buddy Mozingo with the Commission regarding 
Johnson and the charges at issue in this case. The catalyst for the letter was a charge by one Mark Bowen 
that Johnson assaulted him when Johnson arrested him. Belmont first learned of Bowen's complaint while 
Bowen was an inmate at Polk Youth Center and Chief Flowers was interviewing him in connection with 
another case. The charge is what made the lack of assault charges being reported on Exhibit 2A significant 
to Chief Henson. Chief Henson would not have written the Commission in 1991 if the charge had not been 
made by Bowen. 

28. The offense of Carrying a concealed weapon for which Johnson was convicted in 1976 and fined 
$50.00 could not have prevented his certification as a criminal justice officer. 

29. Assault with a Deadly Weapon is a Class "B" misdemeanor. The other assault charges filed against 
Johnson are Class "A" misdemeanors. The Commission takes the position that disclosure of all of the charges 
is material because despite the feet all charges were dismissed, the Commission might have taken the position 
that the assaults did in fact occur. 

30. Former Chief Barrett of the Kings Mountain police could not recall on the stand whether in 1983 
when Johnson first signed a Report of Appointment/ Application for Certification (Form F-5A LE) the form 
required the listing of charges. In 1987, when Johnson signed the Report of Appointment/ Application for 
Certification(Form F-5A LE) in Belmont, that police force did not understand that charges had to be listed. 
It was not until 1989, after talking with Buddy Mozingo of the Commission that the command officers of the 
Belmont force came to the understanding that charges had to be listed on Form F-5A LE. 

31. The Probable Cause committee has taken no action against any of Johnson's commanders. 
Based on the foregoing, the undersigned makes the following: 

CONCLUSIONS OF LAW 

This contested case is like contested cases 92 DOJ 0656 and 92 DOJ 0829, Jennings Michael Bostic 
v^ North Carolina Sheriffs' Education and Training Standards Commission in many respects and I urge the 
parties and the Commission to read the Bostic case before the Final Decision is made in this case. 



8:17 NORTH CAROLINA REGISTER December I, 1993 1709 



CONTESTED CASE DECISIONS 



This case and the Bostic case illustrate the lack of importance the command structure in three 
departments placed on the state wide certification of law enforcement officers which ensures applicants are 
minimally qualified and protects citizens from the consequences of unqualified people being cloaked with 
legitimacy and immunity. 

The language at issue in the Personal History form and the Report of Appointment/ Application for 
Certification form is patently clear. In the F-3 form the question is asked, "Have you ever been arrested or 
detained by police?". The form goes on to ask the "Disposition of Case". The F-5A LE form has a section 
for all applicants asking the "Ofl'ense Charged" and the "Disposition". These words are patently clear. They 
are even clearer, if that is possible, when read together in context. The words are even clearer to law 
enforcement officers. The plain meaning of the questions is that the Commission wants to know what an 
applicant has been charged with, by whom, and how the charge was disposed of. 

Yet, not until 1989, after a direct fece to fece question was asked of the Commission's field 
representative, did any of Johnson's superior officers understand that applicants were required to list all 
charges - even those that had been dismissed. One of those officers then took it upon himself to go back into 
Johnson's personnel record and supplement the form F-5A LE. 

Even then, Johnson's superior officers did not feel compelled to report the incomplete information 
to the Commission. It was only after a convicted criminal charged Johnson with assaulting him during an 
arrest that Johnson's superior officers made the Commission aware in writing of the incomplete information 
in Johnson's file. The Administrative Law Judge takes judicial notice that it is the pendency of this charge 
which resulted in the continuance of the hearing of this contested case, and takes official notice that Johnson 
was not convicted of the assault. 

Johnson did not misrepresent his criminal record to the Kings Mountain police. 

Johnson did not misrepresent his criminal record to the Belmont police. 

Assuming, arguendo , that Johnson did misrepresent his criminal record to the Belmont police, the 
misrepresentation was immaterial. After learning of all charges, Belmont promoted Johnson, rather than 
dismissing him. 

The issue in this contested case is. however, whether Johnson knowingly made material 
misrepresentations to the Commission. 

I conclude that Johnson made misrepresentations: 

On or about March 21, 1983 on Commission Form F-3 (Exhibit R3A); 

On or about October 22, 1984 on Commission Form F-3 (Exhibit R3B); 

On or about June 23, 1987 on Commission Form F-3 (Exhibit R3C); and 

On or about July 13, 1987 on Commission Form F-5A LE (Exhibit R2A). 

However, because of the ignorance or indifference of Johnson's command structure to what 
information was required, I conclude that the misrepresentations were not knowing. The misrepresentations 
were material because it is material for a sworn law enforcement officer to tell the truth, the whole truth , and 
nothing but the truth. In addition, the misrepresentations were material because of the pattern of allegations 
of assaultive behavior, and because of the seriousness of the charge of Assault with a Deadly Weapon and 
Assault on a Female. 

I conclude that Johnson knowingly misrepresented his Criminal Offense Record on the Form F-5A 
LE signed on February 8, 1989, by failing to list all of the charges against him. I conclude that the 



1710 8:17 NORTH CAROLINA REGISTER December 1, 1993 



CONTESTED CASE DECISIONS 



misrepresentation was knowing because Johnson was aware of all of the charges at issue in this contested case 
and aware of his responsibility to list them. The misrepresentation was material for the reasons stated in the 
immediately preceding paragraph. 

Based on the foregoing, the undersigned makes the following: 

RECOMMENDED DECISION 

The Commission should suspend Johnson's certification for a period of one year. The suspension of 
certification should be suspended for the reasons stated above in the CONCLUSIONS OF LAW, and because 
of testimony of Chief Barrett and Chief Flowers tending to show Johnson's competence as a criminal justice 
officer. 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions and proposed findings of fact and to present oral and written arguments to the 
agency G.S. 150B-40(e). 

A copy of the final agency decision or order shall be served upon each party personally or by certified 
mail addressed to the party at the latest address given by the party to the agency and a copy shall be furnished 
to his attorney of record. G.S. 150B-42(a). It is requested that the agency furnish a copy to the Office of 
Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Criminal 
Justice Education and Training Standards Commission. 

This the 5th day of November, 1993. 



TTiomas R. West 
Administrative Law Judge 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1711 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF DARE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

93 ABC 0354 



N.C ALCOHOLIC BEVERAGE CONTROL 
COMMISSION 

Petitioner, 



SYDNER JAN MULDER 
T/A FROGGY DOG RESTAURANT 
Respondent. 



RECOMMENDED DECISION 



The above-captioned matter was heard by Michael Rivers Moi^an, Administrative Law Judge on 
August 17, 1993 in Manteo, North Carolina. 

APPEARANCES 

Larry S. Height, Chief Agency Legal Specialist, for the Petitioner. 

William S. Daniels, Kellogg, White, Evans and Gray, for the Respondent. 

ISSUE 

Whether an employee of the Respondent's business sold malt beverages to Scott Leslie Sumners, a 
person less than 21 years old, on the licensed premises on or about December 21, 1992 at 11:00 PM. 

STIPULATION 

The parties agreed to the following stipulation at the beginning of the contested case hearing on 
August 17, 1993: 

William Silver, an employee of the Respondent's business, sold malt beverages to Scott 
Leslie Sumners at about 11:00 PM on December 21, 1992. 

FINDINGS OF FACT 

Based upon the evidence admitted at the hearing, the undersigned administrative law judge finds the 
following facts: 

1. The Respondent individual has maintained Alcoholic Beverage Control permits at the Respondent 
establishment for eight years. 

2. The Respondent individual has not been cited for any Alcoholic Beverage Control \iolations and has 
not recei\ed any complaints from the Petitioner concerning the Respondent establishment. 

3. The Respondent individual has received a commendation from the Petitioner for diligence in 
successfully failing to serve alcohol to underage persons. 



1712 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CONTESTED CASE DECISIONS 



4. Hatteras Island, where the Respondent establishment is located, is about two miles wide and several 
miles long. 

5. Approximately 80% of the patrons of the Respondent establishment are from locations outside of 
North Carolina. 

6. William Silver has been a bartender at the Respondent establishment since July 1992. 

7. Silver was familiar with Sumners, because the two men "hung around" the same crowd of people 
and met at a party in the summer of 1991. 

8. In 1991, Silver was aware that Sumners was not 21 years of age. 

9. During the first half of the summer of 1992, Silver regularly visited and attended parties at Sumners' 
trailer which Sumners rented from a friend of Silver's. 

10. Silver stopped going to Sumners' trailer when Silver began working at the Respondent establishment. 

1 1 . Leon Jennette, Jr. worked at the Respondent establishment's door, with the responsibility of checking 
patrons' identification, for approximately six months. 

12. The Respondent establishment's policy was to have its doorman to check identifications. 

13. Sumners began to come to the Respondent establishment about the middle of the summer of 1992 
with local people with whom he worked at a local marina. 

14. Sumners patronized the Respondent establishment virtually every weekend after he moved to the 
Hatteras Island area. 

15. Sumners is not originally from the Hatteras Island area. 

16. Jennette did not personally know Sumners, but recognized Sumners because Sumners knew the men 
with whom Sumners came to the Respondent establishment. 

17. Jennette checked Sumners' identification on two occasions, during the middle of the summer of 1992. 

18. Sumners' identification which Jennette checked at the Respondent establishment was in the form of 
a driver's license. 

19. Sumners' identification which Jennette checked at the Respondent establishment showed that Sumners 
was over 21 years old. 

20. Jennette did not check the identification of Sumners' companions at the Respondent establishment, 
because Jennette was aware that these other people were over 2 1 years of age. 

21. Jennette eventually stopped checking Sumners' identification at the Respondent establishment. 

22. Andrew Tawes worked intermittently at the Respondent establishment as a bartender for a period of 
a little over one year. 

23. Tawes recognized Sumners from a television commercial in which Sumners appeared. 

24. Tawes checked Sumners' identification, which was a North Carolina driver's license, on one 
occasion in the early part of the summer of 1992 when Sumners ordered a beer. 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1713 



CONTESTED CASE DECISIONS 



25. Based upon Tawes' recall that Sumners was in a television commercial, Tawes checked Sumners' 
identification only once because Tawes remembered Sumners after this occasion. 

26. Tawes had seen Sumners drinking alcoholic beverages at parties which were given at Sumners" 
home. 

27. By the summer of 1992, Silver assumed that Sumners was 21 years old because Silver often saw beer 
at Sumners" house. 

28. Tawes trained Silver as a bartender at the Respondent establishment. 

29. On one occasion, Tawes noticed that Silver was asking Sumners for identification at the Respondent 
establishment when Sumners had ordered a beer. 

30. Tawes told Silver that it was permissible to serve a beer to Sumners. 

31. Silver thought that Sumners was at least 21 years of age because Tawes had previously checked 
Sumners" identification and Tawes had told Silver that it was permissible to serve beer to Sumners. 

32. Silver did not ever check Sumners' identification because Tawes told Silver that Sumners was over 
the age of 21 years and Silver trusted Tawes" judgment that Sumners was over 21 years old. 

33. There were patrons of the Respondent establishment other than Sumners whom Tawes "okayed" for 
Silver to serve alcohol, without an identification check by Silver, while Tawes was orienting Silver 
as a bartender. 

34. Sumners was 20 years of age on December 21, 1992. 

35. On December 21, 1992 Sumners spoke to Silver and purchased a case of beer from Silver. 

36. Sumners stated that he has not ever had false identification, that he did not ever show a false 
identification to Jeimette and has not ever fraudulently presented an identification at the Respondent 
establishment. 

37. In a criminal trial. Silver was found "not guilty" of the offense of selling alcoholic beverages to an 
underage person. 

CONCLUSIONS OF LAW 

1. North Carolina General Statutes Section 18B-302(a)(l) states, in pertinent part, that it shall be 
unlawful for any person to sell malt beverages to anyone less than 21 years old. 

2. Title 4, Chapter 2S, Rule .021 1 of the North Carolina Administrative Code states, in pertinent part, 
that no permittee or his employee shall sell or knowingly permit the possession on the licensed 
premises of any kind of alcoholic beverages, the sale or possession of which is not authorized by the 
ABC laws. 

3. N.C.G.S. §18B-302(d)(2) states, in pertinent part, that it shall be a defense to a violation of 
N.C.G.S. §18B-302(a) if the seller produces evidence of other facts that reasonably indicated at the 
time of sale that the purchaser was at least the required age. 

4. Evidence produced at the contested case hearing by the Respondent that Scott Leslie Sumners was 
observed consuming alcoholic beverages at parties by the Respondent establishment"s employee 
Andrew Tawes, that the Respondent's employee William Silver often saw beer at Sumners" home, 
that Sumners" regular companions at the Respondent establishment were known by the Respondent 



1714 8:17 NORTH CAROLINA REGISTER December 1, 1993 



CONTESTED CASE DECISIONS 



establishment's doorman Leon Jennette, Jr. to be over 21 years of age, that Jennette had observed 
a driver's license on two occasions in Sumners' possession which showed that Sumners was over 21 
years of age, that Tawes had observed a North Carolina driver's license on one occasion in Sumners' 
possession which was shown to Tawes and that Tawes instructed Silver to serve beer to Sumners 
because Tawes had previously checked Sumners' identification and assumed that Sumners was over 
21 years of age are facts which reasonably indicate that the Respondent establishment's employee 
Silver, as the seller of malt beverages to Sumners on December 21, 1992 at about 11:00 PM, 
considered the malt beverages purchaser Sumners to be at least the required age to purchase malt 
beverages. 

5. The Respondent has sufficiently shown, as a defense to Silver's unlawful act of selling malt 
beverages to the underaged purchaser Sumners, that there was evidence of other facts that reasonably 
indicated, at the time of Silver's sale of malt beverages to Sumners, that Sumners was at least the 
required age to make the legal purchase of malt beverages. 

RECOMMENDATION 

It is recommended that the Petitioner North Carolina Alcoholic Beverage Control Commission refrain 
from taking any action against the Respondent. 

DISCUSSION 

Both parties presented controverted evidence regarding Sumners' possession of a fraudulent 
identification, with the Petitioner's evidence tending to show that Sumners did not ever present a false 
identification at the Respondent establishment which showed him to be 21 years old and the Respondent's 
evidence tending to show that Sumners displayed such false identification at the Respondent establishment. 
The resolution of this discrepancy in the evidence is not dispositive of the legal issue here. The undersigned's 
decision primarily pivots on the application of the language of N.C.G.S. §18B-302(d)(2) to the undisputed fact 
that the malt beverages seller Silver relied on the representation of fellow Respondent establishment employee 
Tawes that Sumners was at least 21 years old, which served as a reasonable indication to Silver that Sumners 
was at least the required age to purchase malt beverages. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina Alcoholic 
Beverage Control Commission. 



This the 10th day of November, 1993. 



Michael Rivers Morgan 
Administrative Law Judge 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1715 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdixisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are fiirther broken down into chapters which shall be numerical in order The other two, 
subchapters and sections are optional subdixisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agiicultuie 


ArchitectuiB 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Exammers 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examines 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safetj' 


Geologists 


21 


15A 


Environment. Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


I jindscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretarv' of State 


Medical Examines 


32 


19A 


Transportation 


Midwiferv Jomt Committee 


33 


20 


Treasurer 


Mortuarj' Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Persormel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. fRepealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Exammere 


52 






Practicmg Counselors 


53 






Practicing Psychologists 


54 






Professional Engmeers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examines 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Vetennan Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1716 



8:17 



NORTH CAROLINA REGISTER 



December 1, 1993 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1993 - March 1994) 

Pages Issue 

1 - 92 1 - April 

93 - 228 2 - April 

229 - 331 3 - May 

332 - 400 4 - May 

401 - 455 5 - June 

456 - 502 6 - June 

503 - 640 7 - July 

641 - 708 8 - July 

709 - 792 9 - August 

793 - 875 10 - August 

876 - 1006 11 - September 

1007 - 1184 12 - September 

1185 - 1307 13 - October 

1308 - 1367 14 - October 

1368 - 1512 15 - November 

1513 - 1568 16 - November 

1569 - 1719 17 - December 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

Administration's Minimum Criteria, 5 

Low-Level Radioactive Waste Management Authority, 232 

State Employees Combined Campaign, 1008 

ADMINISTRATIVE HEARINGS 

Civil Rights Division, 370 
General, 366 
Hearings Division, 1480 
Rules Division, 367 

AGRICULTURE 

Aquaculture, 1212 
N.C. State Fair, 506 
Plant Industry, 513, 1212 
Standards Division, 1212 
Veterinary Division, 515, 1212 

COMMERCE 

Alcoholic Beverage Control Commission, 408, 711, 1310 

Banking Commission, 408, 798, 1312 

Cemetery Commission, 810 

Savings Institutions Division: Savings Institutions Commission, 461 

State Ports Authority, 811, 1570 

COMMUNITY COLLEGES 

Community Colleges, 1527 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1717 



CUMULATIVE INDEX 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 279, 571, 962, 1405 

Comprehensive Conservation and Management Plan, 882 

Departmental Rules, 465 U 

Environmental Management, 210, 556, 658, 797, 893, 1254 * 

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417, 1663 

Marine Fisheries, 28, 568, 1573 

Mining: Mineral Resources, 829 

NPDES Permit, 710 

Radiation Protection, 1662 

Soil and Water Conservation Commission, 214, 1322 

Vital Records, 1525 

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613 

Zoological Park, 337 

FINAL DECISION LETTERS 

Voting Rights Act, 4, 407, 460, 795, 880, 1371, 1514, 1569 

GENERAL STATUTES 

Chapter 7A, 1185 
Chapter 150B, 1187 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 93, 229, 332, 401, 456, 641, 793, 876, 1007, 1209, 1308, 1368, 1513 

HUMAN RESOURCES 

Aging, Division of, 815, 1372 

Blind, Services for the, 884 ^ 

Deaf and Hard of Hearing, Services for the, 650 I 

Facility Services, 94, 883, 1014, 1215, 1312, 1519 

Medical Assistance, 25, 414, 553, 712, 888, 1316 

Medical Care Commission, 644, 1312 

Mental Health, Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217 

Social Services Commission, 237, 733, 1091, 1376 

INSURANCE 

Actuarial Services, 555, 657, 1249, 1321, 1403 
Agent Services Division, 1399 
Engineering and Building Codes Division, 1248 
Financial Evaluation Division, 1093, 1317 
Life and Health Division, 1094. 1318, 1400 
Medical Database Commission, 463, 737 
Property and Casualty Division, 1400 
Special Services Division, 1096 

JUSTICE 

Alarm Systems Licensing Board, 761 

Attorney General, Office of the, 28 

Criminal Justice Education and Training Standards Commission, 253 

Criminal Justice Standards Division, 241 

Departmental Rules, 1096 

Private Protective Services Board, 252, 890 

Sheriffs' Education and Training Standards Commission, 738 



i 



1718 8:17 NORTH CAROLINA REGISTER December 1, 1993 



CUMULATIVE INDEX 



LABOR 

OSHA, 97, 231, 278, 892, 1523 

LICENSING BOARDS 

Architecture, 43 

Certified Public Accountant Examiners, 1418 

Cosmetic Art Examiners, 969, 1526 

Dental Examiners, State Board of, 763 

Electrolysis Examiners, Board of, 841, 1457 

Foresters, Registration for, 674 

Geologists, Board of, 285 

Landscape Architects, 1256 

Medical Examiners, Board of, 591, 1458, 1685 

Mortuary Science, Board of, 45, 342, 971, 1461 

Nursing, Board of, 1463 

Nursing Home Administrators, 346 

Occupational Therapy, 1469 

Opticians, Board of, 1261 

Pharmacy, Board of, 47, 354, 1326 

Physical Therapy Examiners, 53, 767 

Plumbing, Heating and Fire Sprinkler Contractors, 360 

Practicing Psychologists, Board of, 844 

Real Estate Commission, 53, 364 

Refrigeration Examiners, 1148, 1526 

Social Work, Certification Board for, 428 

Therapeutic Recreation Certification Board, 1328 

LIST OF RULES CODIFIED 

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535, 1687 

PUBLIC EDUCATION 

Elementary and Secondary Education, 427, 470 

STATE PERSONNEL 

Office of State Personnel, 286, 972, 1262, 1472 

STATE TREASURER 

Retirement Systems, 337, 1146 

TAX REVIEW BOARD 

Orders of Tax Review, 503, 1516 

TRANSPORTATION 

Highways, Division of, 669, 836 
Motor Vehicles, Division of, 1 145 



8:17 NORTH CAROLINA REGISTER December 1, 1993 1719 



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